Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Im i own a 2 familly house in belleville new jersey and i am…

Customer Question
Hi im i own...

Hi im i own a 2 familly house in belleville new jersey and i am now regretting in renting my basement on a room basis. do you know how much is the penalty for such offense?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New jersey

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

There are no lease, it is a basement. no issues with maintenance.

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

There is a legal tenant on the second floor that has stopped paying rent. and i wanna start an eviction process but worried that she might report that i am renting the basement illegally. I already told the basement tenants to move out in 2 months and they seem to agree.

Submitted: 2 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 19 minutes by:
6/1/2018
Lawyer: Olivia Kent, Attorney replied 2 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Landlord-Tenant
Satisfied Customers: 4,633
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is for general information for educational purposes only and does not constitute legal advice. Communicating with an expert on this site does not establish an attorney-client relationship. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the site - but if you do want a phone call I’d be happy to do that.
.

I'm going to share the law on illegal apartments in NJ with you. "Landlords owning illegal apartments are stuck between a rock and a hard place. On the one hand, illegal apartments that stem from zoning violations (for example, a three family construction in a two family zone) face heavy and mounting fines until the violation is cured. On the other, the only way to cure the violation is to evict the tenant. In most cases, evicting the tenant must be done according to the New Jersey Anti-Eviction Act, N.J.S.A. §2A:18-61.1. Even an eviction that strictly follows the onerous notice requirements must still pay relocation benefits pursuant to N.J.S.A. §2A:18-61.1h, Reimbursement to Displaced Tenant." https://www.nynjconsumerlaw.com/2012/07/nj-residential-tenants-illegal-apartments-tenants-right-to-relocation-benefit.html So, as you can see, the penalties are not small, I'm afraid. It sounds like your tenant living in the illegal apartment does not know that, at least at the moment, so that's the silver lining for you. I'm sorry - I don't want to give you false hope; I do want you to know the landscape so you'll be prepared to address it (if there comes a time that you need to address it). I don't do this for the ratings - I do this so that people can have the information they need (rather just spinning their wheels) - and unfortunately sometimes that means giving good people information they don't love to receive. I also have no control over what the law is. I really hope you understand that I'm just trying to help. If you give me a "bad" or "negative" rating for "good" information I'll be upset - and we do see those ratings instantaneously - but I understand that this is your choice. Please ask me anything - I'd be happy to answer any of your questions.
-----------
Reminder: This site is for general information for educational purposes only and does not constitute legal advice.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent
Olivia Kent, Attorney
Category: Landlord-Tenant
Satisfied Customers: 4,633
4,633 Satisfied Customers
Experience: Partner at Kent Law Group, LLC

Olivia Kent is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I am a landlord in Quincy Massachusetts and I have an issue
Hi I am a landlord in Quincy Massachusetts and I have an issue with my tenants. We are renting out a three family house, and the tenants in the first floor apartment are two single mothers who have ch… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
Hudson County, NJ: I am a new owner and found a basement
Hudson County, NJ: I am a new owner and found a basement tenant is living there which is an Illegal apartment. he was paying to the old owner. I asked him to leave it's an Illegal apartment. He seems … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,365 satisfied customers
My landlord wants to evict me in 30 days because I put up
My landlord wants to evict me in 30 days because I put up directional signs to my apt. so that my guests (11 women) could find my apartment for our monthly meeting. Their argument is that I am letting… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I own a two family home, I live on the second floor
I own a two family home, I live on the second floor apartment and I rent out the first floor apartment with no lease. I want to occupy the first floor apartment, how much time do I have to give the te… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Landlord Tenant Question: I live in a apartment in which I
Landlord Tenant Question: I live in a triplex apartment in which I live on the second floor, the landlord lives on the first floor and rents an illegal basement apartment. I do not have a written leas… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
In my 2 family New Jersey apartments (2) the 1st floor tenants
In my 2 family New Jersey apartments (2) the 1st floor tenants are holdover's not paying rent and storing all their property in my basement, which is wet and moldy. Can I lock the basement to prevent … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I have a 3 bedroom home for rent. The rooms are small. 1,
I have a 3 bedroom home for rent. The rooms are small. 1, 071 sq. feet on top level. The person we bought the house from made a bedroom downstairs. However, it is an illegal bedroom because there are … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I have a two family house in Rahway New Jersey. The basement
I have a two family house in Rahway New Jersey. The basement was legally and properly renovated to have a kitchen and bathroom and bedroom many years ago. I passed all inspections. For the last year u… read more
socrateaser
socrateaser
1,031 satisfied customers
What I need to know is the right I may have to sue my landlord
What I need to know is the right I may have to sue my landlord for the rent I have paid her overthe years as a result of the fact that she is an unautherized rooming house.I believe theruling is you c… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am the landlord, the tenant is my recorded domestic partner
I am the landlord, the tenant is my recorded domestic partner of 13 years. The tenant and I have ended a 13 year relationship. He claims I have entered the apartment (first floor of my property) unlaw… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am in need of advise regarding a letter I received from my
I am in need of advise regarding a letter I received from my landlord... Since we moved into our rental home in Aug '13, we have made several calls to our landlord about mold & mildew in the basement.… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
1,379 satisfied customers
I am renting from a property management group in a small southern
I am renting from a property management group in a small southern Ohio town. I am having a spot of difficulty with our new landlord. Wondering if someone could help me understand my rights. My basemen… read more
socrateaser
socrateaser
1,031 satisfied customers
Hello, can you please help me with a tennant question, Im
Hello, can you please help me with a tennant question, I'm a tennant of a two family house i live on the second floor and the landlord lives on the first, they also have a illegal basement appartment.… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hollis, Queens NY-Single Family home My concern: Im trying
Hollis, Queens NY-Single Family home My concern: I'm trying to avoid a fine for renting out the basement and attic while legally reconfiguring rental arrangements. In addition to the attic and basemen… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I moved into my basement apartment on 7/15/06 with my wife
I moved into my basement apartment on 7/15/06 with my wife in Fort Lee ,NJ with a 1 year lease. When my lease was about to expire, "I" went upstairs to my landlord ( on 7/20/07)to renew my lease ( who… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
I own a 2 family house in NYC, I rent out the 2nd floor to
I own a 2 family house in NYC, I rent out the 2nd floor to a family for over a year, currently no lease. They owed me rent over 4 months. They complained about not enough heat, not true. I want to evi… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I live on the first floor of the house and a tenant is illegally
I live on the first floor of the house and a tenant is illegally living in the basement level making frquent complaints about me walking on the first floor. I did not make any noise and he is making a… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I just gave my landlord notice of moving where I might
I just gave my landlord notice of moving where I might cancel the notice. My landlord's lease indicates notice on the 1st of the month. However, the people where I am moving haven't moved yet. I am si… read more
JG
JG
Doctoral Degree
258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x