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I have been living in a dwelling for a year now and I have…

I have been living...

I have been living in a dwelling for a year now and I have many questions and concerns in order to tell me which way to go

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

That is my issue, the property is in New Jersey and the Landlord's physical address is in New York

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The terms were for one year. It has passed. I renewed the lease and I have not received the new executed lease. I am responsible for all upkeep of the property but not maintenance.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I do not know where my security deposit is being held, I have had to pump out a flooded basement, I have had to contact the water department to replace a frozen and busted water meter, I have a rodent and mold issue that has not been addressed and my rent went up ten dollars from one lease to the next.

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Answered in 23 minutes by:
3/15/2018
Michael Bradley
Category: Landlord-Tenant
Satisfied Customers: 1,516
Experience: Owner at The Protection Group LLC
Verified
The rent increase today is really
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Customer reply replied 4 months ago
Im sorry I do not understand the repsonse
Not an issue as it is really only a small increase. However, the other issue that you have brought up or in my opinion clearly maintenance and not your normal wear and tear that the lease may say is your responsibility. I guess the issue at this point is whether or not you are looking to terminate and vacate or have the owner make the repairs that are necessary. Issues with rodents or other kind of animals is a maintenance issue and really should not fall onto you. If the flooded basement cause you any damage to your possessions the landlord should compensate you or you should put a claim in to your renters insurance
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The mold issue as well is a serious problem and certainly if unchecked or unresolved is absolutely grounds to terminate your lease
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Customer reply replied 4 months ago
Right the increase was only $10.00, but the other issues that I have brought to his attention seem to go unattended to. I have caught over 20 mice in the past three days and today I woke up to a mound of them in the basement. My pipes froze on January first and my landlord told me that "I failed to pay the water bill" and that was why the water was not working. I then paid someone to come out and unfreeze the pipes, at which time, the meter burst and I had to get a replacement.
Having that many mice is a significant issue and in my opinion brings up whether the property is habitable. Habitability is the standard when determining whether a lease can be terminated. A rodent issue of that size in my opinion is a clear habitability issue and grounds to terminate and vacate. With the weather we have been having pipes freeze, thaw, break Etc and that one time offense would probably not be enough to argue habitability unless repairs were not made. The mice and mold issue is enough in my opinion whereby I would suggest writing a letter to the landlord advising them that they have 10 days to cure these issues as they are or they are making the property no longer habitable and if unresolved you are going to terminate the lease and vacate. If it that point he does nothing you would have grounds to leave.
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Customer reply replied 4 months ago
Okay, I do have another question as well. Does the landlord have to tell me where my security deposit is being held? If so, how long after the signing of the lease does he have to give me that information. If I renewed the lease and never got a signed copy from him, is it still binding, or is it on a month to month basis?
Customer reply replied 4 months ago
Are you still there
Sorry I had to run into a court hearing and was not able to tell you. I have never heard of a clause in a lease where the landlord needs to tell you where the money is being held. I have not seen the lease but normally Lisa state that they have to be placed into a interest-bearing escrow account and cannot be touched until such time as the lease ends or otherwise agreement of the parties. If you have not received a signed copy of the lease renewal, then in my opinion it would be a month-to-month scenario under the former lease and that lease can be terminated pursuant to the terms, normally it is with 60 day or 30 day notice
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Customer reply replied 4 months ago
Thank you. I really appreciate your direction. I’m just trying to figure out how to legally get out of my lease die to all of the issues I’m having and nothing is being addressed.
From what you have already told me, the rodent issue and the mold issue in my opinion are enough two question habitability and terminate the lease. Based on those two I would put in writing to the landlord that you are terminating the lease because of those issues and the fact that the landlord has done nothing to fix the problems and as a result you are vacating
Michael Bradley
Category: Landlord-Tenant
Satisfied Customers: 1,516
Experience: Owner at The Protection Group LLC
Verified
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