What are my rights if my landlord is turning my apartment into a real estate office and is forcing me out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if my landlord is turning my apartment into a real estate office and is forcing me out?
I am on a month-to-month lease; my landlord refused to sign a new lease with me, despite my repeated attempts. He convinced me that he wanted me to stay for 2 more years and a lease was unnecessary. Then yesterday he contacted me and said I must move out in bout 2 months because he is turning my apartment into a real estate office. He has neglected to fix several issues with the apartment over the past 23 months and I have invested several hundred dollars of my own money in maintainance and repairs under the assumption that I would be living here for years to come. Can I legally stop this or at least be reimbursed?
Asked on May 9, 2012 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A month to month lease means either party may lawfully terminate the lease on 30 days notice. The landlord therefore may choose to terminate your tenancy with 2 months notice and is not required to renew your tenancy. Also, if you chose to invest money in maintenance knowing that you were on a month to month lease, you have no claim for reimbursement--you knowingly took the risk of your tenancy being terminated early. You could--and should--have either refused to invest your own money, or only invested it if the landlord agreed to give you a 1- or 2-year lease. Since the landlord has done nothing wrong by terminating a month-to-month tenancy, you have no legal claim against him.
If there were signficant problems--not merely aesthetic issues or minor inconveniences, like old paint or carpet, or a slightly leaky faucett--which the landlord failed to fix after notice of the problem, you may be able to sue for monetary comensation for the period of time you were living with the condition(s). So for things like lack of heat or air conditioning, lights that did not work, plumbing fixtures that did not work, you may be able to seek compensation, thoguh you would need to bring a lawsuit to do so, which may or may not be worth it.
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.