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our landlord put our house up for sale and gave us only 60 days to get out,we also have a infant , i heard that he cant do that with a infant , i think its more like 3-4 months any help would be appriecated..

2007-03-05 06:27:25 · 4 answers · asked by tomsinex 2 in Business & Finance Renting & Real Estate

its not because of rent that we pay been here 6 years and didnt tell us he was putting the house for sale till i looked outside and saw the FOR SALE SIGN

2007-03-05 08:25:30 · update #1

4 answers

"According to the New Jersey anti-eviction statute, a tenant cannot be evicted without cause. As long as you pay your rent on time and abide by the terms of your lease, you can stay in your apartment or unit even if your lease has technically expired." (http://www.deltufolaw.com/RealEstate.shtml) I don't know what happens when your landlord sells your apartment, but what I do know is in the state on NJ a landlord can not evict without just cause. There are some exceptions, such as if the landlord lives in same building as you. I would contact free legal aid in your area to see what your rights are.

However you having an infant gives you no additional rights, sorry.

2007-03-05 07:32:44 · answer #1 · answered by Primdiva 3 · 1 0

Since it has been 3 days and you have not bothered to come back and either read or acknowledge what I posted, I am deleting it because as I said in my earlier post, I don't want a "how to" for your eviction left here for your landlord to find during a google search.

It's too bad because it would have either saved your home or put a lot of cash in your pocket because 99.9% of the landlords in New Jersey don't know what the one single requirement is in this situation that would make it so you have to move. Unfortunately, a lot of tenants in New Jersey don't know it either, and as a result they move when they don't have to.

Long story short, you probably didn't have to move at all. And if you did, it would have been at least 6 months from now AND you could have had him pay for it.

**********************************
NYS real estate paralegal ... perhaps they didn't tell you in school that New Jersey is NOT New York, and as such has a whole different set of laws.

New Jersey has something called the Anti-Eviction Act, and tenants covered under the act are protected from being evicted without "cause" ... and under New Jersey law, selling the property is not considered cause.

The absolute one and only way she could be evicted in her situation was outlined in my post. Unless the sale met that qualification (and it didn't), she could rent that house until she is 105 as long as she pays the rent and no one could make her leave.

signed ... a New Jersey and New York real estate and landlord/tenant paralegal for 27 years who is returning to law school this year.

2007-03-05 17:36:32 · answer #2 · answered by BoomChikkaBoom 6 · 3 2

Your landlord can absolutely do this. You having an infant has no bearing on him evicting you. If you have not made payments, the landlord does not have to give you ANY notice, he can immediatley start the eviction process.

Unless you are collecting social security old age pensions, railroad retirement pensions or other government pensions, you get a 5 day grace period to pay rent. If you are in a HUD program, written notice from the landlord is required.

If you are being evicted for a reason other than nonpayment, then written notice is required.

2007-03-05 15:21:38 · answer #3 · answered by Colly 2 · 0 3

I am assuming that you no longer have a lease in place. In which case you no longer have the rights as a leaseholder. 60 days notice is not outside the limits of the the law...infant or not.

2007-03-06 17:59:53 · answer #4 · answered by LILL 7 · 0 4

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