Many tenants come face to face with minor issue here and there when it comes to dealing with landlords. These are easily resolved, allowing both tenant and landlord to go back to their daily routine, without any love lost. However, there are certain scenarios wherein it would be best to take your landlord to court to court, with the help of a skilled New Jersey Landlord Tenant Lawyer to increase your chances of success.
Your Landlord Wants to Evict You
You have lived in the same rental unit for 10 years and have come to think of it as home. With the lease good for another 5 years, you are shocked to receive a termination notice, one which you intend to fight. In cases like this, a seasoned New Jersey Landlord Tenant Lawyer can help, as his or her expertise can increase your chance of success.
The landlord has to adhere to procedures that were implemented by the local law and state. If a landlord tries to evict a tenant by locking him or her out, removing doors or windows, cancelling utilities or removing the tenant’s possessions from the rental, this would be a good basis for filing a case. These illegal forms of eviction will give the tenant every right to pursue a case. You may view renter’s or tenant’s rights here. (http://www.nolo.com/legal-encyclopedia/renters-rights)
People of all ethnicities, religious backgrounds and gender preferences deserve the right to rent property. If you are under the impression that your landlord is discriminating against you, it would be best to consider legal action to help you recover from this incident.
You may choose to sue the landlord and take the matter to court. Another option would be to bring the matter to HUD (Department of Housing and Urban Development). A tenant may also reach out to New Jersey’s Fair Housing Assistance Program (FHAP). One may also visit www.hud.gov/offices/fheo and fill out the “Housing Discrimination Complaint Form.”
Please note that HUD and related local and state FHAP agencies receive more than 10,000 discrimination complaints every year. If they investigate your case and are able to prove that there is a reasonable cause for it, you will have a HUD lawyer represent you for free. Also, the judge may award you compensation an also attorney’s fees. He or she will impose penalties against the landlord and will order other relief.
Failure to Make Repairs
It is the duty of the landlord to fulfill repairs, as this is part of the lease. Repairs will include replacing broken windows, heating system repairs and window or door replacement when necessary.
If a landlord refuses to make necessary repairs, it is your right to withhold rent (repair and deduct. However, it would be wise to consult a lawyer, as he or she may contact the landlord for you and attempt to come to a quick settlement or take the landlord to court if he or she is still adamant.
Failure to Fulfill Promises
Renting out apartments or homes can be tough in high-crime areas. Thus, many landlords get hesitant applicants to lease their property by promising things like extra security cameras, gated property and sometimes even an intercom system. If he or she fails to deliver on the promises, the tenant may choose to file for a lawsuit.
Ill or Injured Tenant
Accidents are bound to happen, no matter how well the property is run. However, if an accident is the result of the landlord’s carelessness, the tenant has the right to file a case against him or her. This can be the case when an elderly tenant slips on an icy step, which should have been de-iced regularly. This also applies in cases where tenants fall ill due to mold outbreak in the rental unit. Please note that a personal injury lawyer would be better at handling this case.
Damage to Property
There are cases where the renter’s property is damaged due to the landlord’s failure to maintain the rental property. A classic example would be an electrical fire causing damage to all the renter’s possessions. If it is due to faulty wiring, the landlord will have to pay the renter to replace all belongings lost and may also have to pay him or her an amount to make up for the emotional distress the incident has caused.
If the tenant has renter’s insurance, it is the job of the company to pay for the loss. At this point, the lawyers will ask the landlord to reimburse them for the amount. If you have inadequate coverage or do not have insurance, a lawyer can help you seek reimbursement from the landlord.
Hiring a lawyer to help with tenant and landlord problems is not always necessary. If your landlord is willing to settle amicably, you can do away with hiring a legal professional. On another note, please check your lease to determine if you have an attorney’s fees clause. This would be helpful as in some states, even if you were to lose a case against him or her, it will help provide recovery for a reasonable amount of fees. Please note that this clause does not apply to personal injury or discrimination cases.
If you intend to hire a New Jersey tenant and landlord lawyer, please make sure that you choose one carefully. Choose one who has both skill and experience, as the case will rest upon his or her capability to represent you in court. With regard to legal fees, please keep in mind that not all lawyers charge exorbitantly. There are some that charge reasonable rates and even offer affordable payment plans.