What are my rights if my landlord changed mthelocks to my apartmentwith no notice?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if my landlord changed mthelocks to my apartmentwith no notice?

I never got court date and he said if that if I want to remain I have to pay $3000 by next week. I paid rent in for this month and last month but he never cashed the checks. He said the reason it’s $3,000 is because my lease expired and I have to repay a realtor fee because my wife is no longer living here and I want her off the lease. I have full custody of my 10 year-old daughter and have no where to go. Is it legal to lock me out and is it legal to tell me I have to give $3000 even though I paid rent. Yes it was late but I always pay.

Asked on April 22, 2011 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Speak with a landlord-tenant attorney right away--the landlord is violating your rights.

1) A landlord can NOT lock you out on his own in NJ; he has to evict you through a court proceeding, which includes giving you notice and your day in court. If he changes the locks by himself, he's committed an illegal eviction and you can take legal action to get back in and/or seek monetary damages.

2) If your lease is up, the landlord may seek an increase, but NJ law limits how much of an increase he can seek. He also can't necessarily add a "realtor's fee."

3) If  you've paid your rent--that is offered it to the landlord--he can't evict you for nonpayment. If you habitually pay late, he can begin the process of evicting you for late payment, but that entails first sending you a "notice to cease" instructing you to stop paying late and giving the chance to remedy the situation.

So there are several things that, from what you write, your landlord appears to be doing wrong. Speak with an attorney, and if you can't afford one, try New Jersey Legal Services--they can often help, and do good work.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption