Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Marcel Wurms
1 Answer | Asked in Animal / Dog Law, Domestic Violence and Landlord - Tenant for New Jersey on
Q: tenant got arrested &restraining order put on him . He left behind animals can I have the humane society come get them?

The tenant was arrested for a domestic violence against myself and has previous history of terroristic threats towards myself and others.

Marcel Wurms
Marcel Wurms
answered on Dec 4, 2017

Yes, you should call them or a shelter immediately. If your town has an animal control officer, you can contact them. The police department could also possibly help you.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the...
View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a landlord accept a regular rent payment right before he issues a eviction notice and before 1st court hearing?

I live in a room in house and on Saturday 11/25/17 I received a letter to appear in court on Friday 12/8/2017 due to non payment , nobody served me and it wasnt in my mailbox. The landlord jus put it in front of my door and didn't notify to me it was there. I made my regular weekly payment... View More

Marcel Wurms
Marcel Wurms
answered on Dec 4, 2017

Are you paid up on all your rent payments? If this is the first notice you received, there should be a complaint attached to the notice. If not, I would call the court to find out what's going on.

If it is valid, you need to get a copy of the complaint from the court. Then, you...
View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I live in Bergen Cty and on pay my rent online thru their portal i never physically resigned a lease

i want to move to a nicer place and online it states my lease was up in july (from july 16 to july 17) they are a shady outfit and i have proof of fire alarms not up and now roaches i just want to move can i move with just giving them say 30 days notice and they also took 2 and 1/2 months security... View More

Marcel Wurms
Marcel Wurms
answered on Oct 16, 2017

If they took 2 1/2 months rent, they are shady. The law only allows for 1 1/2 months.

Once your lease terminates, it becomes a month to month lease. Unless your lease provides for more, 1 month's notice is all you need to provide your landlord.

Disclaimer: The provided...
View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If landlord sends new lease w/ rent increase within 30 days of lease end, do I still have to give 30 days vacate notice?

My lease expires on Nov. 1st. On Sep. 19, landlord sent me a new lease with a 5% rent increase, change in utility charges (we would now be paying), a fee for paying rent via credit card, and a permission to enter without legal notice.

We sent him a marked-up copy highlighting these things... View More

Marcel Wurms
Marcel Wurms
answered on Oct 16, 2017

Even though this has been answered on another site, I'm restating the answer given on that site for the benefit of other readers.

The landlord, if they wanted to give you a choice between accepting a new lease or leaving, was required to provide you with a "notice to quit' at...
View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: the apartment I moved into was not cleaned or painted, as agreed on the lease. What can I do?

On move in day, I stopped my move because of the filth but was told, by the landlord, via phone, that she would take care of it later. The lease says "unit" will be painted. Only the walls were painted and not any trim. Baseboards, doors, ceilings, and cabinets are filthy and chipped.... View More

Marcel Wurms
Marcel Wurms
answered on Oct 16, 2017

Matters like this are very fact dependent. If your landlord violated her written agreement, then you may have recourse. You need to bring your proofs (copies of leases, emails, text messages, pictures, receipts, etc.) to an attorney to review.

Disclaimer: The provided information is for...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I have a question about a late fee, if my rent was postmarked for the 4th and we have a senior citizen grace period

is it late? The management company wants to charge me $50.00 because they received the rent on the 9th am I liable I have proof the rent was mailed on the 4th of the month

Marcel Wurms
Marcel Wurms
answered on Oct 11, 2017

First, this section is only applicable if you are receiving social security or other government pensions in lieu of Social Security, disability benefits, SSI or Work First NJ benefits.

The rent has to be received within five business days of the due date. Unless your lease has a provision...
View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Condo I rent is in foreclosure. In current lease until April 2018. Do I still owe rent to my landlord?
Marcel Wurms
Marcel Wurms
answered on Oct 10, 2017

You must continue making rent payments until you're otherwise directed by the present owner, or you receive notice that title has been transferred to the bank.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of...
View More

2 Answers | Asked in Real Estate Law for New Jersey on
Q: I am selling a lot. Buyer paying cash. Can I get two checks from the title company holding settlement?
Marcel Wurms
Marcel Wurms
answered on Oct 10, 2017

Shouldn't be a problem. Just speak with them.

View More Answers

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: 2nd Attempt: Have parking tickets that over 10++ yrs old are those tickets dismissed or do they still count against me?

Tickets are from Weehawken...

1. No warrant has been issued, already been check into.

2. Tickets were given while the vehicle was with a mechanic and the mechanic was parking the vehicle on the street unknown to me...

Marcel Wurms
Marcel Wurms
answered on Oct 9, 2017

While it may be possible that they are dormant, the better answer is to check with the local municipal court. You don't want them becoming active again, which could lead to license suspension or worse.

Disclaimer: The provided information is for informational purposes only. This...
View More

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord is kicking me out of my apartment to give it to his daughter; how do I proceed in taking legal action?

Hello, I live in New Jersey. My landlord handed me a letter yesterday, October 5th, telling me to vacate my apartment by November 1st. The reason is because he wants to give my place to his daughter. According to my research online, it is against the law to evict a tenant without a good cause. Do I... View More

Marcel Wurms
Marcel Wurms
answered on Oct 6, 2017

You have a good case, for now. It depends upon whether you live in an owner occupied, three or less family home. If so, the owner can evict you for no reason with one month's notice (or more, if you have a lease). If not, then the owner can't evict you, unless he has cause under the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord take pictures in my apartment while I'm still within my lease and still living there trying to pack up?

He wants me to stage to post on internet

Marcel Wurms
Marcel Wurms
answered on Oct 6, 2017

Your landlord has no right to enter your apartment without your permission during the term of the tenancy, unless for an emergency or as otherwise agreed to in the lease. Read your lease carefully.

That said, it can't hurt to leave on good terms with him. It can make your life easier...
View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: When does property that was willed to me become mine? It is still deeded under my father's name.

Unfortunately, there are many repairs to be done before I can put the house up for sale. I was thinking about getting an inheritance loan if possible.

Marcel Wurms
Marcel Wurms
answered on Oct 5, 2017

The property "officially" becomes yours once the personal representative of your father's estate executes a will. There may be several other things that need to be done to give you clear title. You will need to receive an inheritance tax waiver from the NJ Division of Taxation.... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How soon after sending notice to cease can I send notice to quit for habitual late payment of rent in NJ?

Sent my tenant a notice to cease for habitual late payment of rent (rent was paid late in August and September). Notice to cease was sent on 09/30 via USPS (certified mail with return receipt requested) and delivered to tenant on Oct 4th. When can I send the notice to quit? Can I send out notice to... View More

Marcel Wurms
Marcel Wurms
answered on Oct 5, 2017

You must wait one month.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted for...
View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can an HOA prohibit school vans transporting kids w/ disabilities (mandated door-to-door on IEPs) inside the community?
Marcel Wurms
Marcel Wurms
answered on Oct 4, 2017

This question is a first for me. I'm not positive, but it sure sounds like it would be against public policy and also a violation of the ADA. But to be sure, the HOA's rules and regulations would have to be reviewed.

Disclaimer: The provided information is for informational...
View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: We are selling a home in New Jersey. We received a contract offer on the house that was not signed by the buyer.

We altered some language benefitting the realtors in the contract and signed it. But it has been several days and we still do not have a signed contract from the buyer. Is this a valid offer. If I send this to my attorney, I must pay a minimum of $750 for him to review the contract. I am wary... View More

Marcel Wurms
Marcel Wurms
answered on Oct 3, 2017

There is no valid contract until both parties sign. Further, in New Jersey, most buyers' attorneys will cancel the contract under the attorney review provisions, and then offer proposed amendments (which is basically what you did).

The better answer would have been for you to have...
View More

2 Answers | Asked in Banking, Real Estate Law, Foreclosure and Landlord - Tenant for New Jersey on
Q: Will i qualify for a bana fide lease in nj if..

My family and i moved into a town house in nj back in july. My landlord as of now no longer owns the property it was forclosed and the bank owns it. The sheriffs sale was aug. 24 but i guess noone bought it and now the bank owns it as of sometime in sep. We received a notice from the banks lawyer... View More

Marcel Wurms
Marcel Wurms
answered on Oct 3, 2017

Successor owners are bound by leases already in effect. If you had a bona fide lease (oral or written) with the previous owner, that should continue with the bank as your landlord.

A more comprehensive answer to that and your other questions would require a review of the lease and the...
View More

View More Answers

1 Answer | Asked in Probate for New Jersey on
Q: Does an executor have to provide receipts to beneficiaries and the court in final probate filing?
Marcel Wurms
Marcel Wurms
answered on Oct 3, 2017

Not necessarily receipts, but an accounting of the estate.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An...
View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Lease ended 4/1. On month to month (not in writing). Landlord sent text last night, wants me out asap. What are rights?

I am a little behind on my rent but do I still have until the end of the month to get out?

Marcel Wurms
Marcel Wurms
answered on Oct 3, 2017

Landlord can only force you out through the courts.

If you are in an owner occupied, two or three family home, he can evict you without cause with one month's notice. Otherwise, he needs cause.

Owing rent is cause. Habitual late payments also is.

Disclaimer: The...
View More

2 Answers | Asked in DUI / DWI for New Jersey on
Q: I had a 2nd dwi in NJ in 2007 before mandatory interlock law. I'm just now finishing my idrc will I have to get a it?
Marcel Wurms
Marcel Wurms
answered on Oct 3, 2017

Probably not, if it wasn't ordered by the judge at your original sentencing.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness...
View More

View More Answers

1 Answer | Asked in Probate for New Jersey on
Q: My mother never had her fathers will probated. The house is still in her name and her fathers, he has been dead for 20.

We need to sell the house to pay for my mothers nursing home care. The title co said we need to probate the will. How long will this take in nj and how expensive will it be?

Marcel Wurms
Marcel Wurms
answered on Sep 29, 2017

Probating a will can usually be done in a week or so. However, it depends upon a few things. In this case, you may have to go to your grandfather's other heirs to get them to waive their right to be the estate's personal representative.

However, depending upon how the house is...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.