But before you let your enthusiasm get the better of you, be sure to give sufficient notice to your landlord before racing off to your new house or apartment rental. Put It in Writing Next, make it official by putting your intent to leave in writing.
This means that you do not have to move out simply because the landlord tells you to or threatens to remove you if you don't leave. Neither landlords nor their employees can legally evict tenants by themselves. These kinds of evictions are sometimes called self-help evictions. If you are locked out or evicted by your landlord and not by a special court officer, or if your landlord shuts off your utilities or does other things to try to make you leave, you should call the police immediately.
You should also call a private attorney or contact your regional Legal Services office. The law says that the police must make sure you get back into your apartment.
Police officers cannot evict tenants. Landlords who try to evict tenants by themselves are doing something illegal, even if they have gone to court and sued the tenant for eviction. Some landlords still evict tenants illegally, or scare tenants into leaving by threatening to throw them out.
New Jersey Statute 2C: Police officers must also be given special training to make sure they know what they have to do to stop illegal evictions. And even before the special court officer can do the eviction, he must give a copy of the warrant for removal to the tenant or leave a copy on the tenant's door at least three days before coming out to do the actual eviction.
The law says that the warrant for removal must tell the tenant many things, including that self-help evictions by landlords are now disorderly persons offenses.
The warrant must also let the tenants know the earliest day on which the special court officer can come back to do the eviction. The special court officer is required to immediately give a copy of this new form to both the landlord and tenant or a member of the tenant's familyand also to post it on the door of the dwelling unit.
Holding property for rent It is also against the law for a landlord to hold or take your clothing or furniture to force you to pay rent. This is called a distraint and it is illegal, even if you owe rent to the landlord.
Rights of hotel and motel residents Tourists or travelers, who stay in hotels and motels as guests, do not have to be taken to court to be evicted.
The hotel owner or operator can lock guests out of their rooms if they don't pay their bills or if they disturb the peace. But what about people who have no other place to live and, because of the housing shortage, are forced to live in motels or hotels for months or even years at a time?
Are these people residents or tenants who can only be evicted through the court process? Facts that support the existence of a landlord tenant relationship may include, but not be limited to, some of the below factors: In one case, a family that lived in a hotel for over two years because they had no other place to live was considered a tenant and could only be evicted through court order under the Anti-Eviction Act.
Alexander Hamilton Hotel, N.
In another case, a person who lived in a motel for two months was not a tenant and could be locked out of his room without court process. Trinidad Motel, N. In another case, the court held that a person who lived in a hotel for three years and had no intention of moving to other accommodations was a tenant, and that the hotel was the tenant's permanent home.
The tenant was entitled to the protection of the Anti-Eviction Act and had the right to sue for damages for an illegal lockout. Estate of Lachman, N.
If you live in a hotel or motel, it will help if you can show that the owner agreed, or should have known, that you were not just a short-term guest, or that the owner did or said things that made you believe that you were a tenant.
Some hotels or motels are actually rooming and boarding houses. Read the next section for more about this. You may need the help of a private attorney or Legal Services if you find yourself in this situation. Owners must evict residents through the same court process as any other tenant.
Some hotels and motels are really rooming and boarding houses because people live there as their only residence for extended periods of time. The law considers a hotel or motel a rooming and boarding house if at least 15 percent of the rooms are occupied by people who have lived there for more than 90 days.
This means that all of the residents but not the guests at the hotel or motel have the same rights as rooming and boarding house residents, including the right to be evicted only through court process.(by Nick Anders, disillusioned expat) Thinking of living in Spain? Maybe hate is too strong a word but ok then I dislike Spain, I’ve had enough, get me out of here .
Leaving The Light: and loving it [Justine Renson] on monstermanfilm.com *FREE* shipping on qualifying offers. The journal of Justine Renson, former member of The Light - with color photo album I will never forget the evening I came over to Elizabeth and Ken’s apartment in New Rochelle to tell them I had -- what?
All I remember is I plopped down in one of the armchairs and announced. Moving out of an apartment can be a thrilling prospect, especially if you’re uprooting to far sweeter surroundings.
But before you let your enthusiasm get the better of you, be sure to give sufficient notice to your landlord before racing off to your new house or apartment rental.
Don't Just Pack Up and Leave -- End the Relationship in Writing. This letter will constitute written notice of my intention to vacate my apartment on [date], the end of my current lease.
I am doing so because [explain the reason if you desire, such as a large increase in rent]. Date the letter and state your intention to move from your apartment and that you intend your letter to be your day notice (or other required time period as specified in your lease).
State the date by which you intend to move out of your apartment. Leaving one apartment in the proper manner can dictate future rental opportunities.
Make sure to state in the first couple of sentences that the intent is to vacate.
Even if other issues will be addressed in the letter, make sure that leaving is the clear intent.