Author Topic: Any Lawyers out there of whom I may ask a question?  (Read 43806 times)

Offline good sam

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #270 on: December 26, 2016, 11:58:40 PM »
called bank and they said they can't give me info about payee of pension.
Of course not. You should be calling the payor.
If you don't care why would you comment?
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Offline gozalim

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #271 on: January 30, 2017, 03:32:39 PM »
A relative was recently turned down for an apartment: landlord returned the application with the word "lawsuit". seems like it's some kind of housing lawsuit.

problem is, neither of the couple ever rented elsewhere before, and shouldn't have had any such thing outstanding...
question is

  • could it be a 'mistaken identity' a relative with same name (and neighborhood) very different age (and SSN) and we can clear that up?
  • If I want to 'replicate' the search, is there a specific database that is used, to see what lawsuit is popping up (in case there's some other issue that needs to be resolved)? can anyone check it? do I need a lawyer to search it?
  • once I figure it out, can I make the landlord reconsider?

Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #272 on: February 16, 2017, 06:01:20 PM »
A landlord notified of a rent increase, and of an automatic rent renewal for another year. Tenant responded via email that they cannot afford the rental increase and request to renew the rent at a lower rate. - landlord did not respond.
Now tenant wants to leave (a couple of months into the new "term"), but landlord claims the lease is renewed for another year.

Per the lease, "unless tenant provides written intent to vacate 30 days prior to term..of his intention to vacate the premises on the expiration date of lease term, said failure to notify shall be considered as the intention of the tenant to renew the lease agreement for a new term at a new rent as specified by the landlord"

This is NJ

Can the tenant get out of the lease?

Offline ckmk47

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #273 on: February 16, 2017, 08:55:37 PM »
A landlord notified of a rent increase, and of an automatic rent renewal for another year. Tenant responded via email that they cannot afford the rental increase and request to renew the rent at a lower rate. - landlord did not respond.
Now tenant wants to leave (a couple of months into the new "term"), but landlord claims the lease is renewed for another year.


INAL. By paying the new, requested, rate, I think the tenant agreed to the lease renewal.

Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #274 on: February 16, 2017, 11:44:10 PM »
INAL. By paying the new, requested, rate, I think the tenant agreed to the lease renewal.
It's an argument...

I'm more interested in knowing whether the whole clause is legally binding.

Offline ExGingi

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #275 on: February 17, 2017, 12:49:31 AM »
It's an argument...

I'm more interested in knowing whether the whole clause is legally binding.
The question is always what's at stake. Unless it's something that's hard to find an alternative tenant for, and a terminating tenant that has assets to pursue, the landlord is simply flexing his muscles, but the bite can't be as bad as the bark.
I've been waiting over 5 years with bated breath for someone to say that!
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Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #276 on: February 17, 2017, 06:29:36 AM »


The question is always what's at stake. Unless it's something that's hard to find an alternative tenant for, and a terminating tenant that has assets to pursue, the landlord is simply flexing his muscles, but the bite can't be as bad as the bark.

Interesting.
Would landlord be able to file a law suit and ruin tenant credit?

Offline ExGingi

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #277 on: February 17, 2017, 07:20:36 AM »

Interesting.
Would landlord be able to file a law suit and ruin tenant credit?
Yes.

But, how likely is landlord to do that? Is it a professional landlord? Is it worth it for the landlord?

What if landlord suffers no material loss (or very little)? Will he spend time and money to sue?
I've been waiting over 5 years with bated breath for someone to say that!
-- Dan

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #278 on: February 17, 2017, 07:20:57 AM »
Yes
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Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #279 on: February 17, 2017, 09:52:39 AM »
Whenever a tenant whose original term of leasing shall be for a period of one month or longer shall hold over or remain in possession of the demised premises beyond the term of the letting, the tenancy created by or resulting from acceptance of rent by the landlord shall be a tenancy from month to month N.J.S.A. 46:8-10

In Green v. Verma court ruled that the the clause landlord inserted was ok. But they were lawyers. (and roughed up the landlord in court).

in Gamble v. Connolly tenants were able to argue that the lease provision is an unconscionable “term of adhesion,”. I would argue the same.

Offline ckmk47

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #280 on: February 17, 2017, 09:57:58 AM »
Whenever a tenant whose original term of leasing shall be for a period of one month or longer shall hold over or remain in possession of the demised premises beyond the term of the letting, the tenancy created by or resulting from acceptance of rent by the landlord shall be a tenancy from month to month N.J.S.A. 46:8-10

In Green v. Verma court ruled that the the clause landlord inserted was ok. But they were lawyers. (and roughed up the landlord in court).

in Gamble v. Connolly tenants were able to argue that the lease provision is an unconscionable “term of adhesion,”. I would argue the same.
Wow! Great info!
So the tenant is free to leave.

Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #281 on: February 17, 2017, 10:05:26 AM »
Wow! Great info!
So the tenant is free to leave.
No!
The law is only if there is no agreement to the contrary.

Question is if the agreement is valid or not.

Offline ckmk47

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #282 on: February 17, 2017, 10:06:44 AM »
No!
The law is only if there is no agreement to the contrary.

Question is if the agreement is valid or not.
Got it.

Offline ExGingi

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #283 on: February 17, 2017, 11:46:51 AM »
in Gamble v. Connolly tenants were able to argue that the lease provision is an unconscionable “term of adhesion,”. I would argue the same.
I am not a lawyer, but I've heard of "contract of adhesion", not of "term of adhesion".

From my personal experience, leases are almost always negotiable, with language added or crossed out from the standard form. Wouldn't that negate the "term of adhesion" argument?

In my responses above, I wasn't arguing law, I am not qualified for that (despite some very limited knowledge in certain areas), I was suggesting real life practical approaches. The fact that you are bringing a legal argument against the contract, just strengthens my PRACTICAL approach. Since the landlord won't win by default in court, he has to weigh his options before pursuing that route. Many times they will just move on.
I've been waiting over 5 years with bated breath for someone to say that!
-- Dan

Offline bubkiz

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #284 on: February 17, 2017, 12:04:25 PM »
I am not a lawyer, but I've heard of "contract of adhesion", not of "term of adhesion".

From my personal experience, leases are almost always negotiable, with language added or crossed out from the standard form. Wouldn't that negate the "term of adhesion" argument?

In my responses above, I wasn't arguing law, I am not qualified for that (despite some very limited knowledge in certain areas), I was suggesting real life practical approaches. The fact that you are bringing a legal argument against the contract, just strengthens my PRACTICAL approach. Since the landlord won't win by default in court, he has to weigh his options before pursuing that route. Many times they will just move on.
+1
Keep in mind that the tenants are usually viewed as the underdog against the "greedy" landlord which makes it much harder to litigate for the landlords.

I had a somewhat similar situation when I was a tenant and even though the landlord may have won in court, they moved on. The cost of serving papers, having a lawyer represent them, the possibility of the case getting pushed off, etc. will usually deter legal action unless there is a large amount at stake or they want to make a korbon out of you.