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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My husband moved in, in July 8, 2008 and lived in Hamilton

Customer Question

My husband moved in, in July 8, 2008 and lived in Hamilton Township, Nj by himself for 3 years until I, his wife, moved back in with him in 2011. We were separated at he time. I didnt sign the new lease adding me on until 2012.
He was not considered month to month because he paid a month and half security when he moved in, in 2008. He has all of his receipts from the day he moved in until now, 2016
My question is, can he sue for the 3 years, he had no lease? He was understood by the landlord to be on a year lease, with no lease.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good afternoon. Can you share with me the basis for which he would want or need to sue? I am not sure I fully understand what the issue is with the landlord

Customer: replied 1 year ago.
The landlord told my husband that he is on a year lease even though he had no lease from 2008 until I moved in, in 2011. He paid each month and paid a month and half security deposit, which I have the receipts for.
The reason to sue is that I believe he was falsely told one thing and the landlord did another, which is nothing new, for this landlord. I have seen this landlord in action, disobeying Nj laws.. The landlord also uses a California type lease and it is not a NJ lease. He never put my husband's security deposit in the bank to collect interest too.
Last but not least, this landlord never C.O'ed the apartment my husband rented for 4 years, until he got caught, out of a circumstance which the neighbors created, last year.
Can he sue, that's all I want to know, sir?
Customer: replied 1 year ago.
thank you for your time and not answering my question, have a nice day sir!!
Expert:  RealEstateAnswer replied 1 year ago.

I was having connection issues and am able to respond. Please let me know if you would like to continue.

Customer: replied 1 year ago.
Expert:  RealEstateAnswer replied 1 year ago.

You replied 10 minutes after I asked for some additional information and I was now able to return 9 minutes later

Expert:  RealEstateAnswer replied 1 year ago.

Thank you and please allow me a moment to type

Expert:  RealEstateAnswer replied 1 year ago.

Without a signed lease, he would be considered a month to month tenant. If there was a signed lease and it expired and was never renewed, then he would also be considered a month to month tenant. As such, he would not be able to sue over something like this. Now, when he vacates, he should have his security deposit returned, unless there is a basis to deduct and the landlord would need to return the deposit with interest, if required as well. If he did not, then he could be sued. Finally, even though the rental was never CO'ed, it would not give him a basis to sue, unless he can show damages for it. At the end of the day, your husband can sue for any damages suffered as a result of the landlord. While the landlord may have done things which were not allowed or illegal, your husband would need to show he was harmed and entitled to recover.

Customer: replied 1 year ago.
he gets away with the illegal acts.....well i'll consult a local lawyer. There is asbestos in the attic above our second floor apt that has never been taken care of, so there are numerous things but thank you for your time
Expert:  RealEstateAnswer replied 1 year ago.

Illegal acts can be reported and any issues which he would be required to fix/repair, he would need to. The landlord would need to be given notice and reasonable time to respond and take care of those things. If he did not, then there could be a basis to vacate and move, suing him for the cost and damages

Customer: replied 1 year ago.
this was a waste of time to get an answer.thank you and have a nice day
Expert:  RealEstateAnswer replied 1 year ago.

I understand how frustrated you are with the landlord. However, I have an obligation to provide you information that is upfront and honest based upon what the law says. Based upon what you shared, your husband and you can not just sue him for issues like not having a lease