Hoboken Rentals | Advice For Tenants Having Trouble With Their Landlord

Hoboken Rentals Advice For Tenants Having Trouble With Their Landlord

A friend of mine recently told me that the property management company handling her rental in Hoboken asked to make changes to her lease. Specifically, he wanted to write an entire new lease without her lease term having ended, to add a new roommate. When she said that she didn't want to sign a new one since she is moving out when her term ends in September, he said "it will be easy for you to find someone to take your place".

I will leave out the name of the management company that said this because I have to believe that deep down, this person knows that what he said is wrong.

He then also told her that the rent would be increased, when she asked how much, he said he wouldn't tell them until they "sign the new lease" and that he'll let them know after.

Another no no.

Tenants you should know that when you sign a lease, the terms set forth within that lease are binding to all parties. If your rental term is 12 months, and you are asked to sign a new lease in the 10th, 11th or any other month for that matter, know that unless it explicitly says otherwise you will be signing another one year lease. In cases where you have roommates, you may not be able to assign your tenancy to someone new unless the landlord expressly agrees to.

So beware:
A. You do not have to sign a new lease until your current one that is effective ends
B. You should not assume that you can transfer your tenancy or sublet to someone unless the landlord expressly agrees that it's ok.
C. In the case where roommates are involved, I would strongly recommend, that you add to the provisions section in the lease (the last two pages) that the "landlord agrees to allow assignment of remaining term on lease to a new tenant pending review of said tenant's credit and income verification" or something to that affect that all of you can live with.
  
Renting Condos:
If you sign a lease to an apartment that is a condominium, you should read carefully to see if your lease has a "condo clause" in it. A condo clause gives the owner, a.k.a. landlord, the right to sell the unit you are renting to a buyer, and, essentially kick you out with just 60 days notice to find a new home.

It's a gray area, in that I don't know if this is allowed prior to the lease term end. In other words, if you sign a lease for one year, can the owner in the fourth month decide to sell and make you move out in the next 60 days after it is sold. I have yet to have a real estate attorney confirm this for me. In this case, I would strongly recommend, that you add a provision to the lease that says something to the effect of "landlord agrees to not sell or transfer ownership of the condo during the lease term. Tenancy will remain in effect, and in accordance to lease agreement, for entire term. Tenant will agree to allow showings to property within 60 days of lease term end". There are some cases where an owner will sell a property with the lease terms surviving the sale, in this case you may not need the clause. You should have a conversation with not just the real estate agent involved, but with the owner directly as to their plans and decide from their what you would like added and agreed to to protect yourself. The owner may or may not agree, if they do not, then you have saved yourself from singing a lease agreement.

Now I'm not an attorney, far from it in fact, but I can tell you that it is extremely important that you protect yourself and add clauses like these in these situations. As a real estate agent we always work to make sure the owner of the property's best interests are met, but we also have to be fair and work within legal limits.

By no means, can anyone, real estate agent, property manager, tenant or owner for that matter change the terms of a lease without express permission in writing by all parties named.

I was upset to learn that my friend was being strong armed by this person. And sadly this is not the first of this company's shenanigans. It prompted me to write this post, and I hope someone else will read it that it can help.

Lastly, let me say this, if your apartment is being managed by a company, you should not be negotiating lease terms with them. You should contact the owner directly and discuss with them. They should provide you with a new lease, signed by them with the terms that you both agreed to.

Bottom Line: Read everything, ask questions, do not sign something you do not understand or did not agree to. Your lease is a contract.