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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6556
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I am a tenant in a NJ property. The property was just sold

Customer Question

I am a tenant in a NJ property. The property was just sold at a Sheriff sale. The new owner came to my door and wants me out immediately. What are my rights.
Submitted: 11 months ago.
Category: Real Estate Law
Customer: replied 11 months ago.
I was also never served with my tenant rights or the sheriff notice of sale. It was posted on the home next door to me. And this is a 2 family with no owner occupied.
Expert:  Attyadvisor replied 11 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 11 months ago.

Do you have a written lease?

"RESIDENTIAL PROPERTIES OCCUPIED BY TENANTS

Under the NJFFA, a person who acquires title to a residential property through a judicial sheriff’s sale or deed in lieu of foreclosure is required to provide tenants with a written notice no later than 10 business days after the sale notifying tenants that the property’s ownership has changed hands and that they are not required to vacate the premises.

The NJFFA specifies that the new owner must serve the written notice on the tenants by regular and certified mail, must be in both English and Spanish, must contain contact information about who is owed future rent and include a basic explanation of the tenant’s rights under the New Jersey Anti-Eviction Act.
In buildings with 10 or fewer dwelling units, the new owner must make a good faith effort to obtain the names of all the tenants occupying the property. Notices must be addressed to tenants by name, unless the new owner is unable to identify the tenant by name, then the owner shall address the notice to “Tenant.” The notice must also be posted prominently on the front door of each tenant’s unit.

If the property contains 10 or more units, the new owner must post the notice in a common area of each residential building or structure on the property. If there is no common area, the notice must be posted in a conspicuous location in each building, such as the walls of the front vestibule or any foyer or hallway near the main entrance of the building.

In issuing the written notice to tenants the new owner of the property cannot use any communication intended to induce the tenant to vacate the premises except that the new owner can make a bona fide monetary offer in writing. Pressuring” tactics which the owner is prohibited from engaging in include, but are not limited to:

1) Mischaracterizing or misrepresenting the rights of the tenant under the law;
2) Implying the tenant is obligated to accept the offer;
3) Implying that there will be consequences against the tenant for failing to accept the offer;
4) Harassment, including but not limited to discontinuance of utilities, failure to maintain common areas or facilities, or any other failure to maintain the premises in a habitable condition; and
5) An increase in rent in excess of any rent control or rent leveling ordinance, or if the property is not subject to rent control, an unreasonable or unconscionable rent increase

The tenant has 5 business days from receipt of a monetary offer in which to notify the new owner in writing of the acceptance or rejection of the offer.

TREBLE DAMAGES FOR VIOLATIONS OF THE NJFFA

A new property owner who violates the notice requirements could be faced with a for treble damages in the amount of $2,000 per violation plus attorney’s fees and costs. Further civil or criminal actions may also be commenced against the creditor who violates the NJFFA.

NOTICE REQUIREMENTS TO MUNICIPAL CLERK

Independent of the notice provisions to tenants, the NJFFA also requires that creditors serving foreclosures summons and complaints on residential property must, within 10 days of service of the summons and complaint, notify the municipal clerk where the property is located. In addition, the creditor must also notify the municipality if the owner of a residential property vacates or abandons a property on which a foreclosure action has been initiated. There is also a requirement to specify in the Foreclosure Complaint and notify the municipal Clerk if the property being foreclosed is an “Affordable Housing” unit. This notice must also be delivered to the municipal clerk within 10 days of service of the summons and complaint.

After such notice if such property is found to be a nuisance or in violation of any applicable State or local code, the municipality must notify the creditor, whose responsibility it will be to correct the nuisance or violation. If the municipality expends public funds to abate a nuisance or correct a violation the municipality shall have the same recourse against the creditor as it would have against the “title owner”.

FORECLOSURE REPORTING REQUIREMENTS TO NJ DEPARTMENT OF BANKING AND INSURANCE

Any creditor that initiates a mortgage foreclosure action in the Superior Court of New Jersey must report to the Department of Banking and Insurance, on a quarterly basis and in a specific format (organized by municipality), information about the number of mortgage foreclosures initiated by the creditor.

MORE INFORMATION ON TENANT’S RIGHTS – NJ DEPARTMENT OF COMMUNITY AFFAIRS

The New Jersey Department of Community Affairs provides more detailed information on the rights of residential tenants occupying foreclosed properties."

Expert:  Attyadvisor replied 11 months ago.

http://www.njlawconnect.com/tenants-rights-under-new-jersey-foreclosure-fairness-act/

You needed legally proper notice.

"TREBLE DAMAGES FOR VIOLATIONS OF THE NJFFA

A new property owner who violates the notice requirements could be faced with a for treble damages in the amount of $2,000 per violation plus attorney’s fees and costs. Further civil or criminal actions may also be commenced against the creditor who violates the NJFFA." http://www.njlawconnect.com/tenants-rights-under-new-jersey-foreclosure-fairness-act/

See the Foreclosure section at the link below.

http://www.state.nj.us/dca/divisions/codes/offices/landlord_tenant_information.html

I can provide you with a link for attorneys in the area that provide FREE consultations as well as who to contact for consumer protection for you as a tenant.

Expert:  Attyadvisor replied 11 months ago.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

Thank you for using JA! We appreciate your business.

Expert:  Attyadvisor replied 10 months ago.
Do you have any additional questions for me?

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