Hoboken Legal Beagle – 4/1/2008

4/1/2008:

[note: If you want your questions answered, send email to Hoboken411@gmail.com (you MUST put this in the subject, or it may get overlooked: “Hoboken411 Legal Question“), and each week I’ll pick one (or maybe two – depending on the simplicity) question(s) that will be responded to by Hoboken411’s legal mastermind.]

Today we have a chunky and very lengthy Q&A about a tenant/landlord situation.

“Hi. I have a legal question that I’d love to get answered.

hoboken-real-estate-fees-ask-the-legal-beagle.jpgMy wife and I were in the process of buying a house this winter before our current apartment’s lease came up for renewal. We told our landlord that we were currently shopping for a place to buy and asked if we would be able to break the lease without any problem when we buy the house. We were told that it would be totally fine as long as it was not in the winter as that’s a hard time to rent. He also made a comment to the effect that our current rent was a great deal and how that apartment could rent for more money.

After a couple of months of looking, we found a place to buy. We told our landlord roughly 50 days in advance that we would be breaking the lease and were informed at this time that we would be responsible for the rent until they can find someone else to live there. This was never mentioned to use at the time of resigning the lease and had this been the case, we would’ve given a second thought to resigning. A few days later, we started seeing ads for our place popping up asking for more money than we are paying now, as well as a broker’s fee.

People have been looking at the apartment for the past two weeks but so far nobody has taken it. We still have 30 days left before we move out and this is a big stress on us. Hoping to help our cause, we asked the landlord if we could take out independent ads for the apartment in hopes to find someone to take over the lease. I also mentioned that there is absolutely no way we can afford to pay rent on this place while at the same time paying mortgage on our house and that I have no intention of doing so. The landlord then told me that we are not allowed to do that as they want to be the ones that find the new tenets.

It is obvious to me that they do not want us doing this because they know they can get more money for the apartment as well as a broker’s fee. (The landlord is also the brokering agency.)

I would like to know how protected we are from bearing any responsibility to this apartment should it not rent in the next 30 days. Thus far, the landlord has been making an attempt to rent it and assured me that it will rent this month and not to even worry about anything, but naturally we would like to be assured that we are not going to be responsible for these payments in the unfortunate event that it does not rent. To me (and other people I’ve spoken with), the fact that we are prohibited from making any attempts to have someone else take over our lease is grounds enough to relive us of the responsibility to keep paying. Am I correct in this thinking, and what else should we do to protect ourselves should we have to go to court over this? I’ve already printed out the ads as proof the apartment is being advertised for more money and a broker’s fee and documented the time and date we spoke to them regarding these issues.

See the Legal Beagles advice after the jump!

Hoboken411 Legal Beagle Says:
Hoboken411 Legal BeagleSo far so good, the two of you should have your own reality show. Here’s my comments and advice.

First, since the landlord is the broker and is asking for more than your current rent you are already in a great place. A landlord has an affirmative duty to mitigate damages but has no right to make money on a tenant’s default especially with the combo of higher rent and a month fee.

Big question: Has the unit been put on the MLS, in other words can any Realtor rent the place or only your landlords company.

Is your documentation in the form of certified letters. Email’s and notes to yourself are not the best evidence of your actions. Get the letters out certified today if you have not done it already.

“Taking over your lease” is not really an option. However, finding a tenant that would rent your place for the rent you now pay and then having that person make a offer through you by certified mail and having that person be willing to come to court if they don’t get the unit would be great.

BIG POINT !!! Have you checked to see if you unit is rent controlled. Go to rent control immediately and check out your legally certified rent, you may be very very very happy with the result. Also, check to see if the new asked for rent is allowed by rent control. Rent Control laws are different in each City.

There are various ways that this could play out.

First, when you move out, pay the rent for the month in which you leave, the landlord then has 30 days to tell you in writing how he applied your security deposit for damages. Be sure to take all the photos necessary to show you have not damaged the unit. If, after 30 days, the landlord has not returned your security deposit, you can file a complaint against the landlord in Small Claims Court.

The Rent Security Deposit Act states that if the court finds that a landlord wrongfully refused to return all or part of a tenant’s security deposit, the court must order the landlord to pay the tenant double the amount of the security deposit if it is not returned at all, or double the amount that the landlord wrongfully deducted from the deposit.

When you file your Small Claims Court complaint, make sure you ask for double the amount of the deposit. If you go to Small Claims Court, also write on the complaint the words “together with interest and costs of the suit.” You should get the interest and the money that it costs you to file the complaint, fees may vary. The court should also award you reasonable attorney’s fees if you hired an attorney.

Of course the landlord could try to sue you for unpaid rent for the time the place is not rented. Even if the landlord does tell you in writing that he applied your security to rent, you should still file a complaint in small claims for the return of your deposit.

Of course do not pay any rent to the landlord once you vacant.

I would also advise you to find a lawyer that would charge you an hourly rate, approx $250 these days, for a consultation regarding the particulars of the situation and how to fill out the forms and to give you a more detailed overview of your situation This makes more sense than hiring an attorney since most lawyers in this area would charge at least $1,500 for filing a small claims case (and to be honest, with the delays and waiting time and mediation and adjournments and the attorney’s obligation to continue representation of a client in court, most lawyers would rather not even take a case where their fee could be more than the damages, and to be even more honest, starting in with a lawyer on an hourly rate for such a case would be like jumping into the fire to get out of the frying pan) .

And one last thing, don’t stress out on such a thing as this. Birth, death, disease, divorce, sick children and a host of other things are stressful. This stuff, nasty lying cheating landlords is the stuff of current dramatic stories and tales of the good old times when you get old. Take a fun, proactive approach and have this be a interesting learning experience for you and your wife. I know it sounds counter intuitive but if you push this all the way, go to court, oppose the landlord, get a judgment, deal with the bureaucracy, it can all be a much more fun and bonding thing to do as a couple rather than some stupid trip to the Bahamas.

Your are on the right track, but stop stressing and keep learning and as Flava Fav sings “Fight the Power that Be”

Send your questions in for next week’s Q&A session!

And remember, these answers are coming from a flying beagle, and should not be used as in place of competent advise from a human attorney. This feature is intended to give you legal information, not legal advice and is for general guidance only. Use at your own risk, and it’s recommended that you retain counsel on your own. Hoboken 411 is not liable for any loss, injury, claim, liability, or damage related to your use of the site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.

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59 Comments on "Hoboken Legal Beagle – 4/1/2008"


adman
Guest
adman
8 years 5 months ago
[quote comment=”75915″][quote comment=”75912″]The landlord has a lease and is guaranteed that rent for remainder of the lease. If he wanted to he doesnt even have to try and get someone in their so these people can break their lease. He is doing them a favor by saying if I get someone new you can break your lease. I mean why have a lease if in the middle a tenant can say, ok I dont want to live here any more. Imagine if a landlord said that to a tenant. I think the legal advise here is way off. This guy is hooked for remainder of lease or until someone rents the place.[/quote] You are incorrect. The landlord has a responsibility to try to mitigate the damages by renting the apartment to someone else. If he demonstrates that he reasonably tried to do so, he’s off the hook and the tenant will owe him. If he’s not determined to be reasonable in his efforts, then he’s not getting damages awarded to him.[/quote] Yes its true that according to the lease, the tenants are technically responsible for paying rent for the remaining months on the lease. But I want to add here, that just like the landlord can mitigate by showing that he made a good faith attempt to rerent the place, but couldnt…. the tenants can ALSO show that they made a good faith attempt to find a tenant that would take over the place (even at the rent they are… Read more »
adman
Guest
adman
8 years 5 months ago
I would like to add… if you do a rent control calculation and it comes back in your favor (which in hoboken seems to happen a lot)… not only does the landlord have to give you back your back rent that they overcharged AND reduce your current rent. It is also new jersey state law that if a landlord is in violation of rent control laws, they are automatically also guilty of consumer fraud. All you have to do is file an additional action for consumer fraud, and the automatic penalty is treble damages… thats THREE TIMES the amount of money they overcharged you, in addition to that amount. That is, if you are guilty of one, you are automatically guilty of the other and all you have to do is file the complaint to collect. You would probably want a an attorneys help for this, but they might take it on contingency or for a flat fee, since its basically an open and shut case once you file the complaint. point being, in this case, if your rent control comes back in your favor, you have a LOT of leverage. just the threat of consumer fraud and treble damages might shut him up. Not that i wouldnt pursue it anyway, after the landlords greed. by the way, I speak from direct experience… and i can refer you to an attorney if need be. One more way to get back the slum lords in this place, that give the rest… Read more »
elainetyger
Member
elainetyger
8 years 5 months ago
No law degree here, just some real estate experience. In NJ, no real estate contract is binding unless it’s in writing. A landlord saying “it’s ok don’t worry unless it’s winter” may be reasonable and likely, but not legally binding. I don’t know what the requester signed. A standard lease/renewal means you the tenant are legally liable for the entire year’s rent. In fact, the standard Board of Realtors lease starts the rent paragraph “the rent for this period is $____” and the agent fills in the rent for the whole period, eg $24,000 if it’s a $2G/month place. This stresses that it’s not month to month. Someone else made a good point about contacting the rent leveling to find out the registered rent. The cost of living increase this year is under 3% iirc. If the renter has lived here for at least 3 years, the landlord can charge a new tenant up to 25% more, otherwise just the cola. It is amazing how many rents in Hoboken are not registered, so it is worth checking out. The landlord will shut up in a hurry if things weren’t done by the book. If I were the tenant, and I knew what the legal rent was, I would not hesitate to show the apartment at that rent and present all offers, with credit check printouts and a check for 1.5 months security deposit, to the landlord. It was my experience that landlords that said no no no, they would never… Read more »
justaview
Member
justaview
8 years 5 months ago

for legal advice contact hobokentownie! Watch his ad here.

BB
Member
BB
8 years 5 months ago

suggestions and opinions. that’s what I offered. Saying pretty sure indicates that I am not sure. As in I could be wrong. As in, take what I’m saying and bring it to a professional so they can inform you of your best course of action (exactly what I said in my original post–again, you lack reading comprehension). Stop trying to grapple for something. You lose. And you’re a fool.

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