Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Matthew Schutz
2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: single mother renting a home in NJ and I am the only one on my lease, what is the process to have my adult son removed?

He has been living with me since June 2022 but has an alchohol and crack cocaine addiction. He refuses to get help and refuses to leave when requested. He pays no rent and is not listed on my lease. He is no longer welcome in my home. Can I just change the locks and refuse him entry or am I... View More

Matthew Schutz
Matthew Schutz
answered on Mar 3, 2024

First let me say sorry to hear about the difficulties you're having with your son.

From what you say in your question, you could probably file for an ejectment to remove your son. He is over 18, doesn't pay rent to you, doesn't make any contribution to the household expenses....
View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: I am trying to rent a condo. The landlord is asking me to send them a security deposit before tour or signing anything.

I have answered some basic questions such as where I work and move in date. They said they would like to rent to me but want a security deposit before mailing me everything including the paperwork and the keys. I dont want to be scammed, it just seems odd to ask for payment via zelle before these... View More

Matthew Schutz
Matthew Schutz
answered on Jun 5, 2023

Frankly I would question the requirement. Generally speaking you don't give a security deposit, until after you sign on the dotted line. I would not deal with this fellow.

If you choose to deal with them, then if there is a real estate agent involved, have him ask for the money and if...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can other types of assets (i.e., equipment, other physical property) also be included in a residential lease?

Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets... View More

Matthew Schutz
Matthew Schutz
answered on May 25, 2023

Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.

I would also include...
View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord wants myself to vacate by next month, gave a text message notice last wk. What are my options?

My property manager reached out to myself towards the end of March saying that my landlord wants a lease by June and that they wanted a rent increase in the same month, this was all through text message too. I’ve been scrambling to try and move out in this short amount of time but the lease was... View More

Matthew Schutz
Matthew Schutz
answered on May 10, 2023

The property you live in the subject to the Anti-Eviction Act. Under the act the landlord must have a recognized cause to evict. There are roughly 20 different grounds in the act. The act also provides that if the lease has expired the tenant to continue to live on as a month-to-month tenant under... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can landlord cut off communication with tenant and say contact my attorney without anything in writing from attorney?

My landlord filed for eviction. I'm currently waiting for a court date. My heat stopped working. I texted him to tell him. He said contact his attorney and never to contact him again. He then said from here on out to only contact his attorney with any questions about anything. I haven't... View More

Matthew Schutz
Matthew Schutz
answered on Apr 21, 2023

I guess the first question is where you be evicted for? Is it nonpayment? If it is you can raise the habitability issue. To do that you need to have the money owed available to post with the clerk of court. You would raise that issue at trial. As far as lack of communication is concerned, do you... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How to get a court order for landlord to allow pseg in the house to conduct an investigation to check my breaker box?

I live in a 2 family house. I'm paying for electricity in the common areas on the property. My landlord is aware of this. It is not stated in my lease I'm supposed to pay for common area electricity. I do not have access to basement, only the landlord and his mother do. His mother lives... View More

Matthew Schutz
Matthew Schutz
answered on Mar 15, 2023

I guess the first question is how long have you lived there? If what you're saying is true, and you been living there for a while, it may be worthwhile to sue your landlord for damages or overbilling you on the electricity. As part of the lawsuit your entitled to have discovery (find out from... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord install a lock box on the thermostat in my apartment if it’s not stated in the lease?

I live in a 2 family house. I have reported my landlord to the board of health several times for not providing heat. He’s been fined several times which resulted in a court hearing that he failed to appear for. I’ve reported him to the police station several times for not providing heat during... View More

Matthew Schutz
Matthew Schutz
answered on Feb 19, 2023

No. I would suggest the failure to provide heat this time of year to constructive eviction and is illegal in New Jersey. Since there is a prior order requiring him to provide heat, I would suggest your next step is to go back to court and get an order finding him in contempt and requesting an... View More

View More Answers

2 Answers | Asked in Construction Law and Contracts for New Jersey on
Q: I had a fire back on September 11. Got a contractor to do the work. The problem is that they never took the permits.

I have a stop work order from the township because the of no permits and since is a 3 family home we need the plans to be draw from a professional architect. I want to get out if the contract and find someone else to do the work. But because the contractor has out we have a contract we need to... View More

Matthew Schutz
Matthew Schutz
answered on Jan 25, 2023

Generally speaking, when you contract with a contractor to perform a repair on your home or other building, they agree to perform the work in a workmanlike fashion. Part of that is getting the necessary permits and plans. It appears your contractor isn't bothering.

I would write him...
View More

View More Answers

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can an offer to purchase a house be withdrawn before seller has made a decision?
Matthew Schutz
Matthew Schutz
answered on Jan 25, 2023

You can withdraw your offer if it has not been accepted. You need to do it in writing either by personal delivery, or certified and first-class mail. If there is a real estate agent involved for the other party you can serve them.

View More Answers

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Why would a landlord ask a tenant to complete W9 for an escrow account? Who collects the interest, pays taxes?

Escrow account for security deposit. Who collects the interest and who pays taxes on the interest?

Matthew Schutz
Matthew Schutz
answered on Jan 19, 2023

The security deposit, although help by the landlord, is the property of the tenant. the LL is required to set up a seperate, interest bearing account foir the security and the income is attributable to the tenant. The financial institution will require the SSN andW-9 of the tenant to set up the... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What is the current Statute of limitations on commercial property lease. For example tenant stopped paying his lease.

Tentant moved out and Four months of uncollected rent since September of 2017.

Matthew Schutz
Matthew Schutz
answered on Jan 16, 2023

I am unclear on what you mean by your question. Generally speaking, the statute of limitation on all contract actions is 6 years. Depending on when your tenant left in 2017, your coming up against the statute of limitations to sue him for the rent he owes.

If you are talking about filing an...
View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I need to have my 33 yr son move from my home. He refuses how can I have this happen?

Not on lease. He refuses to go. Does not pay rent or bills

Matthew Schutz
Matthew Schutz
answered on Jan 16, 2023

You would need to file an ejectment action. Ejectment is the remedy that you use where you have someone trespassing on your property. Since your son is 33 years old, he should be out on his own. Your obligation to support him ended when he turned 18. He needs to be given formal notice that he has... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a landlord buy a duplex, then immediately try to evict under NJSA 2A:18-53? If so, why do we have NJSA 2A:18-61.1(l)

The buyer moved into the other unit almost a year before closing. Nothing was ever said or sent about the buyer/owner wanting to personally occupy my unit. After closing, he refused rent/sent 30 day notice to quit (because the duplex is now owner-occupied, he doesn't need good cause). The... View More

Matthew Schutz
Matthew Schutz
answered on Jan 4, 2023

The problem you have is that under its terms the Anti-Eviction Act (AEA) does not apply to buildings which are 1) 3 units or less and 2) owner-occupied. When your new landlord moved into the building he removed your tenancy from the protections of the AEA. In that circumstance, the provisions of... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Is there a legal document i can obtain from an attorney protecting me from eviction as I purchase a home ?

Due to my work requirements I have had to train and rehabilitate animals . I have notified my apartment of my intentions of purchasing a home . However, they continue to send me letters of cease . I’d there anything I can do to prevent eviction as I finish my home buying journey . I always pay on... View More

Matthew Schutz
Matthew Schutz
answered on Dec 8, 2022

I don't understand the point of the question. While my colleague Mr. Gelb is correct, you can't make the landlord promise not to evict you, assuming that you are covered under New Jersey's anti-eviction act, you can't be evicted unless you violate 1 of 17 different restrictions.... View More

View More Answers

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happens if I die to the ownership of house?

My father wants to have my family (my spouse, 2 children and myself move into his home). We would sell our own home. He stated he will be adding my name to the deed. Not sure if it would be sole survivorship. In either situation, what would happen if I passed away? Would my children and spouse get... View More

Matthew Schutz
Matthew Schutz
answered on Nov 12, 2022

The answer to your question depends on the interest that you will be getting in the new deed that your father is preparing. If the deed is a joint tenancy with the right of survivorship, then assuming you survive your father, you will get the entire property. If it is a tenancy in common, then you... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: I have been living in point pleasant beach NJ for 8 years now but I am going through eviction from my male friend family

I need a lawyer to help with my situation here

Matthew Schutz
Matthew Schutz
answered on Mar 24, 2024

It is hard to provide you with an answer based on the information you give, it is difficult. Did you have a rental relationship while you lived on the premises? Did you have a domestic relationship while you lived with your friend? There are several different approaches your friend could use to... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can tenant I am evicting testify against me in another civil suit regarding previous tenant in nj

Eviction is non-payment of rent. Civil suit is property damage and non payment of last month of rent. Both were forced to leave under bad conditions are very disgruntled. Eviction is scheduled for April 2 and civil trial with previous tenant is April 5.

Matthew Schutz
Matthew Schutz
answered on Mar 10, 2024

The tenant you are evicting can testify. You can ask him about his eviction for impeachment purposes, to show bias against you.

1 Answer | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Land adjacent to my proprty was a paper St. for 40 years. Now a lot, and avail 4 sale. Shouldn’t it go to adjcnt owners?

Shouldn’t it have gone to the adjacent owners when the street idea was abandoned and not become a lot? What is the law for ownership of paper streets in NJ?

Matthew Schutz
Matthew Schutz
answered on Dec 4, 2023

There is not enough information to give you a definitive answer. There are two possibilities. If the right-of-way is an easement for the public road, then you have a claim. If the right-of-way for the road was sold to the municipality outright, then you do not. You would need to have the title... View More

2 Answers | Asked in Real Estate Law and Divorce for New Jersey on
Q: Can my ex say no one can move into the house when he isn’t paying even though he’s on the mortgage?

He moved out and I am in possession of the home but he’s still on the deed and mortgage. He only wants his half if I sell it or someone moves in. Can he legally demand half if I move someone in to help pay for the mortgage? I understand he gets half if I sell but if I need help paying and he... View More

Matthew Schutz
Matthew Schutz
answered on Jun 14, 2023

Assuming that you own an interest in the property, your husband can't prevent you from having someone else come onto the property or if you lease out a room.

View More Answers

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.