How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard - Bizlaw Your Own Question
Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10600
Experience:  Commercial and residential leases in NY & NJ & US
18695994
Type Your Landlord-Tenant Question Here...
Richard - Bizlaw is online now
A new question is answered every 9 seconds

I have a question regarding sublet in New Jersey. Can

Customer Question

I have a question regarding sublet in New Jersey. Can someone help me with that?
Submitted: 6 months ago.
Category: Landlord-Tenant
Customer: replied 6 months ago.
I am landlord in Edgewater, NJ. I am subletting a room to a tenant in a 3 bedroom apartment. One of the tenants hasn't paid rent for January yet. She was supposed to move out January but she wouldn't. I allowed her to stay the month of January. We don't have a written agreement with her. I told her that she would need to move out if she doesn't pay until the 5th. She said that she will be meeting with a building official and that she has a 'cause of action'. I would like to understand what my rights are. Could you please clarify. Thank you.
Expert:  Richard - Bizlaw replied 6 months ago.

Hello, my name is Richard-Bizlaw and I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

Your relationship to her is that of landlord to tenant where you are the landlord. You will have to give her a notice of eviction which is a notice to pay the past due rent or vacate the apartment. If she does not vacate you will have to file suit to have her removed.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer: replied 6 months ago.
I am renting the apartment myself and subletting to her. The owner is aware of that. A few follow up questions:- even though she doesn't have a written agreement with me, we have a tenant and landlord relationship?
- what are her rights here?
- what has building department to do in this whole situation?
- what is an eviction letter and how is it issued?
- are there any reason for which she could delay her rent?
Customer: replied 6 months ago.
Hello, could you please get back to me on the questions above??
Expert:  Richard - Bizlaw replied 6 months ago.

- even though she doesn't have a written agreement with me, we have a tenant and landlord relationship?

A. Yes you have a Landlord Tenant relationship.

what are her rights here?

A. She has the rights of a tenant. She cannot be evicted except through court action if she does not leave voluntarily.

what has building department to do in this whole situation?

The department would only be involved if there was a question about the habitability of the apartment.

- what is an eviction letter and how is it issued?

It would be a letter from you to her informing her that if she does not pay the rent by a certain date, you will file an eviction action. Technically you do not have to give any notice before filing suit ( New Jersey Stat. Ann. § 2:18-61.2) but it is better to give a notice and payment deadline.

are there any reason for which she could delay her rent?

A. Not really unless she claims that their is a habitability issue.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer: replied 6 months ago.
Thank you! This is very helpful!
Could you please direct me to a link where I can learn more about possible habitability issues?
Expert:  Richard - Bizlaw replied 6 months ago.

Habitability issues involve problems with the dwelling such as no water, ceiling leaking and things of that nature. I cannot provide you with a site for those issues.

If I have answered all your questions, please highly rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Related Landlord-Tenant Questions