Renting Lease Issue Help/Pointers?

[hijinks]

So my fiance and I moved out of Manhattan into Jersey City last year and renting from guy who owns in a condo building. 5 months in I was contacted by the management company I owe 5 months in back maintenance fees. I explain to them I'm a renter and show them the lease to prove it.. they aren't heard of again.

The building switched management companies 4-5 months ago and the new company knocks on our door and says we owe back maintaince and again explain we rent so they get the number of the owner. I get a call 2 weeks ago saying still no payment and they will lock us out of the gym/member area which locks us out of the building late night (doorman isn't 24/7) (no big deal since the locks are easily popped open).

Also around 5 months ago I begin to get harassed by foreclosure agents and vultures looking to buy the place and had notices posted on my door.. etc.

So over the weekend my fiance was waiting a package from her new job of papers to fill out and I was waiting for a shipment on inverts which never showed up. The doorman tells me that he was instructed to reject anything that comes from us. He wasn't supposed to tell us but its because the owner has NEVER paid maintenance.

Now they are saying they will cut off water. Our lease is up at the end of Feb. so we are already working.

So the question is.. is there anything I can do to get my security back. I already told my landlord he is a lair for saying he was a little late on maintaince. I have told him I'm not paying last month rent and for the 4-5 months of troubles I've went through and already starting to get services taking away.

I'm just wondering if I should even try for the security or what.. I know finding the guy is now tricky so serving him with papers for small claim court might be costly if not impossible.

He says he will take me to court fo the last month but since they might cut off water in Feb I know he doesn't have a leg to stand on. Any people that have gone through this want to share? or now a good lawyer to talk to?

It sucks now since we now have to move our tank

thanks!

 

[jhale]

that is so lame I would be furious. I would not pay him the last months rent as it sounds like you will never see the security deposit. if he is dumb enough to take you to court you have plenty of witnesses and paper work to prove the trouble you went through due to his negligence. if anything you should be the ones taking him to court.

 

[hijinks]

ya the problem is serving him papers to show he got the papers.. he said he moved and picked up his rent with the doorman.

I can't even get in touch with him to tell him we aren't re-signing

 

[jejton]

I am familiar with NYS housing laws ( see my other threads ) but I'm sure they are similar in NJ. Contact your Attorney General's office and ask for the division of housing. It is illegal for them to cut off your water or other utilities even if you haven't paid rent in a year ( works great when you have deadbeat landlords, but sucks if you have a deadbeat tenant ). They likewise cannot lock you of the building. Read your lease very carefully. Go to a lawyer who specializes in housing issues ( legal aid can help but you might have a hard time getting an appointment ). If they lock you out of the building, call the police and make sure you have proof that you live there ( a few mail items are enough ). The will have to let yo back in. DO NOT pay any rent until this is resolved but make sure you hold the money in a separate account since if it goes to court and they can show they resolved all the issues, you will have to pay back rent. In the meantime, if its possible, start looking for a new place. Even though you might be in the legal right, it doesnt sound like you want to live there more than you have to as the stress can ruin your life. Make sure all future rent is paid by check or money order and if the latter, KEEP THE RECEIPTS. Keep all documentation and all your correspondance should be done via CERTIFIED MAIL. NO phone calls or verbal communication as you will have no proof of anything afterwards. Hope this helps.

 

[jejton]

Just reread the first post. Since you are planning on moving, dont pay the last month's rent since you will probably get stiffed on the security deposit. Even if you were 100% wrong, most landlords wouldnt bother taking you to court for it as its not worth the headeache ( not that I am advocating people not paying rent as that would be a lowlife scumbag thing to do but this is an exception. )

 

[hijinks]

The thing is the management company is treating to lock us out of the building not the apartment.

That is the part of the law i'm not sure off. but thanks for the great info.. i'll make some calls

 

[jejton]

Locking you ouf the building means denying you access to your apartment. Without a court order, it is illegal. In NY, even with a court order, they need a sheriff to forefully evict you or change the locks.