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Ask Loren Your Own Question
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33999
Experience:  30 years of real estate practice experience.
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I have been renting a house for 18 yrs. The house is in the

Customer Question

I have been renting a house for 18 yrs. The house is in the mans name, I worked with his wife . Over the years, both have said it's your house anyway. The wife dropped dead 2 yr ago. I am disabled,I had my foot surgically repaired which took 1 yr to recover. The ex landlord "gave" the house to a man the wife worked with. He gave me a letter in April that I had 45 days to move and my foot wasn't healed yet. I was diagnosed with colon cancer in July. When I told him I needed 6months of chemo , he said sorry to hear that , followed by a letter from his attorney that I can stay for 6 months , increasing the rent $350.Can he do that ?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NJ - I also have 3 big dogs that I refuse to get rid of.
JA: Has any paperwork been filed?
Customer: Such as ?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am on disability and receive $2020.K /month.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Do you have a written lease for a fixed term or is your tenancy month to month?

Customer: replied 11 months ago.
The only lease I had was from my original landlord 18 years ago
Expert:  Loren replied 11 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Thank you for your patience as I type your answer (I am a two finger typist).

Expert:  Loren replied 11 months ago.

Without a written lease currently in effect, your tenancy is month to month. That means that either landlord or tenant can terminate the tenancy upon 30 days prior written notice.

Likewise, the terms of the tenancy may be changed, such as the monthly rent, upon the same notice.

So, the landlord is entitled to terminate or raise the rent so long as they give the required notice. There is no law prohibiting the landlord from raising the rent and no limit to the amount they can increase the rent, so long as the increase is not motivated by race, religion, ethnicity, etc., which is a violation of the Fair Housing Act.

Expert:  Loren replied 11 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 11 months ago.
I should have known better, just another internet scam!
Expert:  Loren replied 11 months ago.

What is the scam? I do not understand?