Section 8 Question ---New Jersey Specific?

[jaren12]

Heres the situation--- I am a disabled single woman and have been renting an apartment in a two family above the older owner for two years...This past July my landlord only offered me a 6 month Lease and I was too stupid to question it at the time...Recently I have been getting visits and weekend stays with my 3 year old and hope to share a joint custody situation with my ex as I become better equipped to deal with my disability--Parkinson's Disease...My landlady has been verbally complaining about my child being around and the normal noise that occurs when a three year old is around...She has recently stated that she will not be renewing my lease which expires on Dec 31..I spoke to section 8 and they say that their payment agreement with the owner runs till June...They ask why I signed a six month Lease ? I am unprepared to move as my credit is shot because of medical bills and my only income is SSD and a bit of help from my ex...All the information I find seems to conflict itself...My question is a 6 month lease legal in this situation and can I actually be evicted without any written warnings by or late payments ? I have been told that a section 8 landlord is basically forced to renew a lease if their is no violations..I have no money for a lawyer and am worried about losing my place. Would a Judge actually order me to get out ?.Can anyone offer any advice as to how the laws work in this situation ?

[taryn31]

Despite all the landlord requirements in the New Jersey Landlord-Tenant Act, you are in a difficult situation because you are in an owner-occupied 2 family house. Despite all of the explanation you did provide, you omitted some pertinent information: What does your lease say? Even if your husband has the most legal custody, you have "partial" custody because your child stays with you on a regular basis. That child is not just an occasional visitor any longer.

I suggest you read this HUD pamphlet asap. It is Tenant Rights in New Jersey and is long so take a look at the index before you open the pamphlet:
http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/index.cfm

You will see that if you cannot afford an attorney - which you need - you can call the Legal Services of New Jersey at their hot-line: 1-800-576-5529.
.
Your landlord has a 1 year contract with Section 8 despite the 6 month lease which you signed and this might buy you some time as it might be more difficult for her to evict you in January 2011. She might also be willing to let you stay on if you can keep the noise down and agree to leave at the end of June.

You should indicate in writing to your landlord your desire to remain until the end of her 1 year contract with Section 8 because leaving early could jeopardize your Section 8 voucher.

Did the landlord give you a reason for only offering a 6 month lease despite their Section 8 contract? This is important because if there were reasons and terms of this 6 month lease which you did not honor, your landlord could use your extended visitor (you child) as the reason to evict you. However, a landlord is also required to inform you of violations of the lease so that you can correct them. Except in a two family home where the landlord occupies one suite, such as your situation. Please note that in New Jersey, the verbal word is as important as the written word.

But the Section 8 contract may actually help you here. Your landlord would have to serve you with a Notice to Quit and provide good cause. If you have already complied with her complaints (see: below) she might not be able to evict you so readily.

Landlords must still show good cause. In her eyes the noise made by a 3 year old seems to constitute disorderly conduct. And you already know that your lease makes no mention of the child as a tenant. Neither does your Section 8 agreement. Have you spoken to your PHA about the possibility of a partial custody and how that would affect your voucher status? How it could be changed?

I doubt if there is any significant damage to property but we really wouldn't know that. Fix it now if there is because you will want to recover your security deposit at some point.

There is probably no question that you are in violation of the covenants or terms of the lease which are probably for a single person and not a single person with a child. It sounds as if you have the child for at least 3 days a week or more. Do you have the child overnight? Perhaps you need to make some adjustments so that you only have your child during the day but not at night. This should take you out of the lease violation status and might make it easier for your landlord to agree to a lease renewal..

Here is the New Jersey Landlord-Tenant Law:
http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf

You should also take out your Section 8 lease agreement to see if you are in violation and do what you need to do to rectify that.

You need to do several things because our opinions won't help you - only you can do that.
Talk to your local Section 8 office again to ask what would happen if you had to move in January. Ask if your voucher can be amended to include partial custodial visits by your child.
Ask for assistance in locating a new residence.
Ask you landlord if she would be willing to give you more time as January would be an awful time to move in NJ especially for a Parkie.
And for goodness sakes, get legal assistance.

I know this is frightening for you. You have a disease which apparently no longer allows you to work and yet your are young and have a long child and which to remain part of that child's life as his/her mother. And you have very little income. All of this makes you very vulnerable. But you are not powerless and you can help yourself.

Best wishes

[barraq]

Because the child is not on the lease and apparently there more then 14 days a year this would be legal. You have violated the lease and brought in another person. You need to either have them add the child to your lease or move elsewhere with a new lease that includes the child.

As far as the lease is concerned, yes, it is legal, you agreed to 6 months. You are correct in that section 8 can force them to renew, but not since there has been a major change, household number doubled.

[jarel]

Normally a landlord cannot refuse to let to you or renew a lease because of family composition. However that does not apply to owner occupied properties with 4 units or less. Since you live in an owner occupied building with only two units, your landlord can force you out when the lease expires.

A landlord cannot require you to list a minor child on a lease and cannot force you out because you now have a minor child living in the unit. Since it's owner occupied and less than 4 units, they CAN refuse to re-let once the current lease is up.

That said, in NJ the landlord may have trouble getting an eviction order enforced in the dead of winter, especially where minor children are involved.

Your best bet would be to contact your social services office and see what they can do for you. It might be possible to force the landlord to extend your tenancy under the Section 8 rules. Lacking that they may be able to assist you in locating new digs covered by Section 8.