Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Matthew Schutz
2 Answers | Asked in Real Estate Law and Environmental for New Jersey on
Q: Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property.

Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property. Neighbor is assuming that these trees are dangerous and can fall any time soon and present nuisance. I got verbal consultation from tree professional NJ licensed arborists. All of them... View More

Matthew Schutz
Matthew Schutz
answered on Jun 7, 2023

For the time being, nothing. If you get contacted by an attorney, I would send him the reports that have evaluated the trees and then tell him not going to do a thing. If the attorney persists (which I find to be hard to believe) then you'll need to retain counsel.

View More Answers

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: In New Jersey, how late am I required to grant access to my rental home for electrical worker sent by landlord?

I just arrived home from vacation to be told by maintenance manager that I have workers coming tonight 5-8 pm to work on my electrical box in my bedroom.

Matthew Schutz
Matthew Schutz
answered on Jun 6, 2023

Without seeing your lease, typically the landlord is required to give you 24 hours notice and schedule the work during normal business hours. Your lease may contain an exception for th the hour, although it is unlikely.

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Can a maintenance technician unlock an apartment door for police and then change tenant lock without a request/notice

The Grande at Metropark in Iselin did this to my apt

Matthew Schutz
Matthew Schutz
answered on May 2, 2023

The short answer is no. That would be an illegal lockout. You would need to go to the Superior Court in file for an order to show cause.

View More Answers

3 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Is a notarized document signed by both parties legally binding in court?

Selling a home. Both parties signed a document agreeing to sell and it was then notarized. Parties are divorced. Home is under wife’s name and mortgage as well for over 20+ years. House is pending sale and under contract. Now the ex-husband is saying he won’t sign for the sale of the home. Can... View More

Matthew Schutz
Matthew Schutz
answered on Mar 29, 2023

The only thing I would have to add to my esteemed colleagues answer is the buyer may choose to sue for specific performance of the contract, that is have the court reporter your ex-husband to sign and transfer the property, or the buyer may sue you both for damages.

Neither is it...
View More

View More Answers

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Hi, I am planning to purchase a property in NJ and I am married. I had a question on the contract and deed.

If it’s only me signing the purchase agreement as the buyer and I also only sign the deed, does he automatically get added to the deed due to marriage?

Matthew Schutz
Matthew Schutz
answered on Mar 6, 2023

That is a yes and no. To the extent that the home is used as the marital residence, your spouse will have some interest in it. It is not used as the marital home it may be considered separate property and he will have no interest in it.

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My doorman/management has misplaced my spare key. I don’t feel safe. Can I force my landlord to replace the locks?

am a tenant in Jersey city. My apartments spare key is kept with the doorman. I got locked out today and requested the spare key. The doorman showed me that the key was missing from the spare key cabinet. The super let me in but I believe the landlord may have taken the key. I don’t feel safe... View More

Matthew Schutz
Matthew Schutz
answered on Sep 11, 2022

It is a violation both of civil law and criminal law in New Jersey to lock you out of your apartment. What I would suggest you do is to change the locks on the door and leave a copy of the key with the doorman, get a signed receipt. In that way the landlord can't accuse you of changing the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: i paid my deposit beginning of march and it wasn’t deposited til july. what can i do to go about that?

the mail from the bank said thank you for opening a checking account and didn’t provide any further info. his email said the states qualified interest rate, our amount paid, the lotion and the date but nothing further. i was told it should’ve been 30 days in a interest bearing-don’t think it is

Matthew Schutz
Matthew Schutz
answered on Aug 24, 2022

The landlord does have 30 days to deposit your security deposit into a separate interest-bearing account. If you want to check on when he deposited the money, you are telling me that you got notice that there is a checking account in your name and they sent you checks. I'd call the bank. Tell... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Hi, my evicted tenant left a lot of stuff behind. Can I it all throw out ? What’s the process on removal ? Thanks
Matthew Schutz
Matthew Schutz
answered on Aug 17, 2022

You need to send a letter to the tenant at his last known address to the tenant at his last known address informing him that he has 30 days to get his property. If you do not know the address that the tenant moved to after you evicted him (which is typical), you may use the address that you evicted... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I did not give my landlord proper notice when I left.

My former lease says that I am required to give 2 months notice when I leave. I only gave him a week and a half. He now wants me to be responsible for paying rent on August and September. At the same time he has in the lease that if I stay past the lease he wants me to pay for holdover rent.... View More

Matthew Schutz
Matthew Schutz
answered on Aug 15, 2022

The circumstances described in this email are disturbing to me. Your base rent is $1500.00 but you mentioned that you posted $3600 in security. Under New Jersey law your security is limited to one and a half months rent or $2550 in your case. How did your landlord say that the month-to-month rent... View More

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Does NJ state have a law requiring sellers to provide a surveyor report to buyer/mortgage company during a home sale?
Matthew Schutz
Matthew Schutz
answered on Aug 15, 2022

The short answer is no. It may be that your bank or mortgage company requires a survey in order for them to complete the application evaluation process and to ensure that there are no encroachments on the property that would affect their lien.

View More Answers

2 Answers | Asked in Elder Law and Landlord - Tenant for New Jersey on
Q: how to protect the elder landlady from the son's general power of attorney abuse?

My landlady made his son as an agent(POA), but he puts the elderly landlady at risk by implementing illegal actions of eviction. How can I protect my landlady from being held accountable for his son's wrongdoings?

Matthew Schutz
Matthew Schutz
answered on Aug 5, 2022

I I think the first thing you can do is resist any illegal action that the power of attorney attempts to perpetrate. You don't go into specifics as to exactly what the attorney is doing, but if it's an illegal lockout you can go to the clerk's office at Superior Court in Elizabeth... View More

View More Answers

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: Is it legal to record someone who enters my apartment, either with or without their knowledge?
Matthew Schutz
Matthew Schutz
answered on Jul 29, 2022

As long as your camera is legally entitled to be where is, it's perfectly fine to photograph or record whatever is in its line of sight. Certain things are illegal, recording people using your bathroom facilities, as an example. Otherwise it's not a problem.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my uncle evict my nephew without a lease even if the apartment was never supposed to be an apartment legally

So my uncle been trying to take him out his house for a while, well the basement for probably more than a year he doesn’t have a lease for him so I know he stays there with tenant at will like a month-to-month basis but now my uncle is trying to sell the house and since it’s not a livable... View More

Matthew Schutz
Matthew Schutz
answered on Jul 27, 2022

Assuming that your uncle has never taken rental payments from his nephew, he can file an ejectment action in the Special Civil Part. This is different than an eviction action.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I find help if I think I was illegally evicted in NJ.
Matthew Schutz
Matthew Schutz
answered on Jul 24, 2022

Generally speaking the only way you can be evicted in New Jersey is by a court officer after an eviction hearing. Self help evictions (i.e. the landlord locking you out) are illegal. It is both the civil and criminal violation. If you need help getting back into your unit, you can either talk to an... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How much time does a Landlord have to tell tenants the inspection ppl are coming in your apartment? East Orange, NJ
Matthew Schutz
Matthew Schutz
answered on Jul 20, 2022

Depends on your lease. Generally speaking the landlord needs to provide you "reasonable notice" of any inspection, except in emergencies. Reasonable notice is defined as 24 hours. Usually the landlord has more than a week's notice of assorted governmental inspections.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I am a landlord of a two unit dwelling, one of which I occupy. The house was built in 1986.

Do I need to file a Landlord Registration Certificate?

Matthew Schutz
Matthew Schutz
answered on Jul 20, 2022

Yes and no. There is a requirement that you filed a landlord-tenant registration statement. In your case it filed at the municipal level. While there is no penalty for not filing, the court, should it come to eviction, will not have jurisdiction over the matter and will dismiss your eviction... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: After residential holdover EVICTION, can i put in for rent again?

we lost lot of money including lost rent, property damaged left my tenant, massive cleanup, we needed to fix up the house and rent again.

Do I need to wait six month or can we just rent now? We are unable to move in to the premises at this time due to financial difficulties.

What... View More

Matthew Schutz
Matthew Schutz
answered on Jul 19, 2022

I have read your question and I have some of my own. First let me respond to your question. A summary action in in the landlord-tenant part only determines possession of the premises. You can't get a money judgment in that part, nor can you use the decision beyond obtaining possession of the... View More

3 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Need details regarding how to sue the landlord regarding damages in details and exact steps

Me and wife stayed in the basement cellar apartment in jersey City nj for a year on monthly basis check payment no contract. The apartment was full of water logging issues and insect infestation. Before leaving we got apartment inspected by city who mentioned that this apartment was illegal as per... View More

Matthew Schutz
Matthew Schutz
answered on Jul 16, 2022

It appears, from your note that the apartment was illegal. In Jersey City, basement apartments are illegal and you are correct hundred New Jersey statues you are entitled to a 6 month relocation allowance. My first question is do you have a statement from the inspecting authorities indicating the... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: After tenant got evicted can i put in for rent again? Case was under RESIDENTIAL HOLDOVER

Dear,

My tenant finally got evicted. My case was not for non-payment instead it was for RESIDENTIAL HOLDOVER, we as a owner wanted to move in to the premises. Now our circumstance has changed and we decided not to move in and rather re-rent again. Just wanted to know if the tenant come... View More

Matthew Schutz
Matthew Schutz
answered on Jul 15, 2022

The short answer is yes, you can be liable. New Jersey law provides for liability if you choose not to move in after evicting someone for the fact that you want to use the property for your personal use, but don't move in within 6 months. You are liable for the moving costs, double damages,... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: How much can my landlord increase my rent in 2022 in Edison nj in a private owened home ?
Matthew Schutz
Matthew Schutz
answered on Jul 8, 2022

In the abscence of rent controls, any rent increase must be reasonable. While 5% is a safe harbor number, The Court will look at a variety of factors, including last time the rent was increased, any capital improvements, market rentals in the area, inflation, etc.

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.