We need help with eviction

[Joe W.]

My wife and I began renting a one-family house in New Jersey in February 1986 and have paid rent every month without fail and have maintained our tenancy as model tenants without incident.

We had a one-year lease for the first year only after which time we never renewed and as such have been month-to-month tenants for over 24 years.

Now our landlord wishes to sell the house and evict us, and it's causing stress and anxiety every day.

I am here for information to learn if our landlord:

1) must by law sell it to someone who will continue to rent to us; or

2) will be able to force us out; or

3) if this is a case that could go either way.

New Jersey law states that one cause for an eviction action is when "the owner of a house or building with three or fewer apartments wants to move in or is selling the house or building to a buyer who wants to move in."

Would this then be automatic or does a judge have the authority to restrict a new owner from moving in, this based on certain facts presented at the trial, e.g. prospective owner already owns and lives in a house but wants to move here to be closer to relatives.

Landlord bought the house in 1985, renovated it, and immediately placed it in use as a rental home. We have been the only tenants.

Landlord took two (2) months security deposit when state law permits only 1 1/2 months. Moreover, we have good reason to believe that he has not left that deposit intact so therefore we would seek discovery to ascertain if that occurred.

My wife is now a senior citizen.

Please help us.

[Mitch Kronowit]

Hi Joe, sorry to hear you might be forced to move, but first it's important to get some terms straight.

From what you've already stated, you are NOT being evicted, your TENANCY is simply coming to an end. These are very important distinctions and you need to be clear on them. Finding another place to rent after an eviction is going to be near impossible, however, simply moving after the end of a lease term is no big deal at all. So don't make any dumb mistakes (such as withholding rent) and turn your tenancy INTO an eviction.

I can only speak for California law, but I'm sure New Jersey laws are awfully similar. Basically, when a house is sold with renters occupying the property, the new owner must honor the terms of the existing lease. However, since you have been living in a month-to-month tenancy, the new owner shouldn't be required to honor anything more than that. IOW, the new owner may only have to give you a written 30 day notice to vacate. If you leave after the 30 day notice, no big deal again. But if you refuse to vacate, you could be hit with an eviction. Also, your rights to your security deposit doesn't change when the property changes hands either.

Now, since you said your wife is a senior citizen are you also saying she is non-ambulatory (can't walk) or otherwise invalid and forcing her to move would create an undo hardship for her? If so, you will probably need an attorney, go to court, and get a judge to rule in her favor allowing her to stay, but you will probably have to present a darn strong case.

Sorry I don't have any more encouraging advice. But make sure the new owner respects your rights. Once you get the 30-day notice or whatever is required, use the time wisely to find another place. And keep the phone number and contact information of your old landlord, the seller, so you can get a stellar recommendation.

Best of luck. Keep in touch and let us know how everything goes.