If your landlord is trying to force you out of his illegal apartment, you have to know your rights. Even though an apartment is illegal, you are still protected by renters’ rights. In other words, the landlord has to follow the formal eviction procedures.
Your eviction rights still matter
It is not uncommon for homeowners to convert a basement or attic into a rental unit without proper town permits. When zoning violation laws finally catch up to them, you don’t have to bear the brunt of their risk-taking. In situations like this, the property owner generally must obtain a court order to lock you out of the house. Until they obtain that order, they may not:
- Change the locks to bar you from the property.
- Shut off utilities like water, gas or electricity.
- Remove your belongings or force you onto the street.
Any shortcut your landlord takes to bypass the court system may lead to legal action.
Relocation compensation under New Jersey law
If the homeowner succeeds in getting the court order to vacate the apartment for bringing the apartment into compliance, you may have to vacate the apartment pursuant to the court’s order. Nevertheless, in situations like this, New Jersey law dictates that the homeowner pay the tenant relocation fee that is equivalent to six months’ rent.
Furthermore, if the homeowner tries to evict you under the guise of non-payment of rent, you can still contest the action. Depending on the circumstances and applicable law, the landlord may owe you relocation assistance. Based on the landmark New Jersey Supreme Court ruling in Miah v. Ahmed, a landlord usually cannot offset this mandatory six-month relocation compensation against any back rent they claim you owe.
Why legal guidance may be valuable
While facing eviction, you will be under immense stress. However, with legal guidance, you may be able to manage the situation better, as a real estate attorney can help you evaluate your case, understand your rights and determine better strategies moving forward.