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Can an landlord file for eviction if there is no certificate of occupancy on rental property in NJ?
Check the law in your county. At least in California it varies by county/city. I was able to get rid of drug-dealing, brawling tenants by just issuing a 30 day notice --other parts of the state are so bad that people will leave homes empty for decades rather than deal with the prospect of tenants/tenants rights issues. San Francisco is crazy-stupid. They require landlords pay tenants $5,101 PER TENANT ($8,500 per elderly person or child "tenant") if the landlord gives the tenant notice (want to move back into your studio apt? $5k per tenant. She had a kid? Oops -- now it's $13K). There is a max of $15k per rental, but still! There are other places that may be worse, but if anyone wonders why the rents is so high and yet there is STILL a lack of rental housing in San Francisco ....
Second answer:
The person who tendered the above answer does not appear to have a cogent understanding of the law. To answer your question, yes, nothing stops a landlord from filing an eviction case just because they do not have a CO. Any other result would be illogical - should the lack of a CO allow a tenant to remain indefinitely? Certainly not. Also, the lack of a CO is not by itself a breach of the warranty of habitability. We see many apartments which do not have COs, but meet the sanitary code in every aspect.
Sorry -- perhaps I should have been clearer -- I should have said "check whether you have grounds for an eviction in the first place". I DID actually look up NJ tenant law. The CO seems to be irrelevant (as is lack of a written contract), but like many rent-controlled areas the laws are heavily weighted against landlords/evictions that an eviction may difficult/impossible anyhow. Just commiting a drug offense or robbery isn't sufficient grounds for eviction, the drug offense has to be committed ON THE PROPERTY. It doesn't matter if your tenant turns out to be king of the local hooligans-- robbery victims have to be fellow-tenants or the landlord in order to be grounds for eviction. Neighbor threatening to kill you? Sorry, your landlord can't do anything about it. The only grounds for eviction are if the threats are against the landlord, their children, or employees.
What else can I help you with?
Will an insurance company insure a property without a certificate of occupancy?
no it will not
What can you move into a home before the certificate of occupancy?
You can typically move in furniture and appliances before receiving the certificate of occupancy, as these items are not permanent fixtures of the property. However, it's generally advised to wait until the certificate of occupancy is issued before fully occupying the home to ensure the safety and legality of the property.
What is Certificate of occupancy?
A certificate of occupancy is a document which is issued by a local government which declares it suitable for occupancy. Being suitable for occupancy is decided by inspecting the building to make sure that it meets requirements for local codes.
Does a renter need a certificate of occupancy?
Yes, LandLords can collect rent without a certificate of occupancy.It depends on the state but in NY the answer is NO and the tenant may be entitled to as much as double the rent paid so far. And yes I am a lawyer and have seen cases where no C of O resulted in the landlord having to settle for a large sum
Can a landlord file a Writ of Possession if he never filed for eviction?
No, a landlord cannot file a Writ of Possession without first obtaining a judgment for eviction through the legal eviction process. The Writ of Possession is a court order that allows law enforcement to remove a tenant from a property, but it requires that the landlord has formally filed for and received an eviction judgment. Without this prior step, the landlord does not have the legal standing to file for a Writ of Possession.
Is the law broken when a landlord rent residential property without a certificate of occupancy?
If the municipality requires a CO, then, yes. However, that's between the landlord and the city, and really has nothing to do with the tenant. There still may be nothing wrong with the unit, and the tenant is still obligated to pay the rent.
What does evict mean?
Eviction is the removal of a tenant (A leasehold estate) from rental property by the landlord. Hope I Helped!
Can you be evicted by someone other than your landlord?
In theory, no. Anyone "evicting" you would have to be an authorized agent of the landlord -- the only one with the power to repossess the premises... Under certain circumstances you could be evicted by the State/County and the landlord would have no say in the matter,such as if the Dwelling was deemed condemned under health laws or because of building code violations... You could also be evicted by the State/County if the landlord does not have a certificate of occupancy for that dwelling which makes it an illegal rental...
What is Landlord opposite?
The opposite of "landlord" is "tenant." A landlord is an individual or entity that owns property and rents it out to others, while a tenant is someone who occupies and pays rent for that property. In this relationship, the landlord provides housing or space, and the tenant utilizes it, creating a dynamic of ownership and occupancy.
Can a landlord rent a property without certificate of ocupancy?
That depends on the municipality.
What is the definition of eviction?
Eviction occurs when a landlord files a legal suit against a tenant to force them to vacate the property. The landlord cannot actually perform the eviction, he or she must go to court, win, and have the Sheriff carry out the eviction order. Eviction usually happens as a result of nonpayment of rent, or can occur when other conditions of a lease are broken such as failing to keep the premises in a clean and sanitary condition.
What is a tenant esstoppel certificate?
This is a certificate given from a property owner to the new property owner, which details all aspects of the tenant occupancy of the property, such as how many tenants, their information, how much they're paying in rent, etc.
