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Questions Answered by Derek John Soltis
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: i am 64 years old and been living in my apartment for over 11 years. the last couple of months my rent has been paid

late due to the pandemic. i dont have a lease and my landlord wants to evict me claiming he wants the apt for his son. can i be evicted?

i can't afford to move and have no where to go what are my rights. he refuses to use my security toward the rent.

Derek John Soltis
Derek John Soltis
answered on Aug 11, 2020

I am sorry to hear about your situation. Your landlord will have to take you to court to evict you.

Odds are a judge will give you time to find a new place. So, technically you can be evicted, but probably not any time soon. You should start looking at assistance programs that may help...
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2 Answers | Asked in Probate and Estate Planning for New Jersey on
Q: My brother and I are both executors to my moms will. We probated her will 3 weeks after she past. I'm now finding out

about a 2nd will that was probated without my knowledge or consent is this legal? In nj

Derek John Soltis
Derek John Soltis
answered on Aug 5, 2020

You need to talk to an attorney.

Only one will is supposed to be probated. Every reason for 2 or more Will's I can think of is complicated and needs an attorney.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I’m living with my friend here in New Jersey been here for a month now and his landlord just threatened to call the

Cops and have me arrested if I don’t get out. Can he do this?

Derek John Soltis
Derek John Soltis
answered on Aug 2, 2020

Can he call, yes. Are you going to be evicted? Probably not. If you lived there for more than 30 days you pick up rights as a tenant, and your friend is the one that is going to say you have lived there over 30 days.

The landlord would then have to go through eviction court. And most...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am gifting my property and need to have the current tenants vacate so the new owners can live there.

How long do I legally have to notify them if they are month to month?

Derek John Soltis
Derek John Soltis
answered on Jul 26, 2020

You need to terminate the tenancy of the people that live there now. Even if you do that correctly, they may not want to move out and then you will have to evict them. At this time, evictions are on hold in NJ.

Talk to them first and explain what is going on. If they are able to pay...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My new landlord is not renewing my lease and I'm going to be homeless. I'm on SSI and disability. Im stuck
Derek John Soltis
Derek John Soltis
answered on Jul 26, 2020

You are a long way from being homeless at this time. The only way to legally remove you from the property is by eviction. Because of Covid, there is an eviction and foreclosure moratorium. And in NJ there are tens of thousands of evictions already filed that are going nowhere. And, you would... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Income limits on Phil Murphy's executive order 128, security deposit rewards rent law

I don't trust the landlord will return back my security deposit. Hence want to use it for remaining rent.

1. Does the tenant have to prove that they're struggling financially to use this option. Are there any annual income exclusions in the executive order

2. Can tenants... View More

Derek John Soltis
Derek John Soltis
answered on Jul 21, 2020

The issue you may want to think about is that the Executive Order 128 is an Executive order not a law.

The Executive order directly modifies 100,000's of contracts if not millions across the State of New Jersey. That is normally not a power any Governor has: To modify contracts...
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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: can an employer hold my check if i broke something on accident in the store and not tell me until 2 weeks later?

I work at dominoes as a delivery driver. So i guess i might've broke the glass door by exiting by using my foot to push the door open causing it to crack. Anyways whether I actually broke it or not I don't know, say i did break the door, no one actually saw me do it. My boss just says... View More

Derek John Soltis
Derek John Soltis
answered on Jul 20, 2020

New York doesn't allow an employer to deduct pay for losses related to breakage or even cash shortages. Withholding your paycheck is a big no-no.

Look up this document:

https://labor.ny.gov/formsdocs/wp/cr195.pdf

Section 195-2.1

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2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Trying to understand the pros/cons to filing employment complaints at the City or State level (new york).

I live and work in NYC. Have numerous documented wage/hour issues, first year I was incorrectly paid as an independent contractor due to tax issues (employer put that in writing, lol) , and numerous discrimination type issues. Its'a very small employer, so I don' think it would be... View More

Derek John Soltis
Derek John Soltis
answered on Jul 20, 2020

Talk to an attorney. Go over the specifics of what has happened. Depending on the size of the company it may be worth going after them. EIther with the department of labor or even an EEOC complaint.

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1 Answer | Asked in Probate for New Jersey on
Q: I am executive of the my mom estate. She left money to my niece, which is a minor.

Her mother refuse to sign the papers to have the money move to a trust until my niece is 21. My brother signed but because they have shared custody the mother must sign. Do I have to get a lawyer to have the court make her signed the documents? She has no reason not to sign except to be... View More

Derek John Soltis
Derek John Soltis
answered on Jul 16, 2020

As an executor, you have duties to the estate. You are kind of in a pickle. Talk to a probate attorney to go over your options.

2 Answers | Asked in Foreclosure for New York on
Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?

There is no note for my home. This is New York and the note was electronically recorded by MERS. We were not notified of the sale.

Derek John Soltis
Derek John Soltis
answered on Jul 15, 2020

There appears to a lot going on. Send your case to a lawyer to get a free consult about what is happening.

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4 Answers | Asked in Probate for New York on
Q: My Mom recently passed and she owns a co-op in brooklyn that she is leaving to her 4 children.She has a will.

The co-op board says we have to purchase her co-op then be approved first before we can sell it. and there are fees involved of course and we need to hire a lawyer. Is this legal?

Derek John Soltis
Derek John Soltis
answered on Jul 15, 2020

Welcome to New York Real Estate. Get a copy of the co-op's rules. Talk to a NY probate/real estate lawyer. You need someone to review the rules, and then possibly bully the coop to allow sale and transfer.

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2 Answers | Asked in Family Law for New York on
Q: Can I move forward with my daughters braces?

I have final say for all medical related decisions for my kids. My daughter is unhappy with her teeth and wants braces. She has seen two orthodontists and they have told us that braces are optional because her teeth aren’t that bad. But if she wants to fix the spaces she doesn’t like, she can... View More

Derek John Soltis
Derek John Soltis
answered on Jul 15, 2020

I am going to offer nonlegal advice for a sec. As a kid who had braces, look into any option other than braces like one of those companies that shift teeth with 3d trays.

Now for the legal part, you get to make the medical choices. If your daughter wants braces, get her something less...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can a landlord refuse to renew a lease in union city nj?

i, the landlord need to occupy the premise

Derek John Soltis
Derek John Soltis
answered on Jul 8, 2020

Under normal conditions what you propose would be fairly straight forward.

1. You send notice that the lease is terminated and that you as the owner intends to occupy the space.

2. The tenants vacate. Your Done.

Option if the tenant doesn't vacate

3. You take...
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2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Can I sue the state for not informing me of my convicted rapists release to society

He served his sentence and got put in mental facility because he’s a serial offender and was still a risk to society. I was never told he was released and he’s been seen around my home town and now I’m afraid and traumatized all over again because he came back to the place where this all... View More

Derek John Soltis
Derek John Soltis
answered on Jul 3, 2020

This is a horribe answer to your question, but it gets arround to answering why suing probably won't help you.

You can sue anyone for any reason you want, but it doesn't mean you will win anything.

The state failed to tell you something. I don't remember you...
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3 Answers | Asked in Bankruptcy for New Jersey on
Q: Is there any statues of limitations on an attorney committing fraud, stealing your money

Filed bankruptcy stole my money

Derek John Soltis
Derek John Soltis
answered on Jun 29, 2020

Fraud is generally 6 years from date of fraud or when it should easily have been discovered. The rule varies by state. Talk to an attorney to see if you have options.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a house guest that has become a resident refuse to leave a home when it is put up for sale by the owner?

My grandmother has two fam house , paying tenant upstairs. My aunt lives with her and her boyfriend claims to pay rent for a room elsewhere but sleeps by my grandmother every night and every day is there with my aunt. If something god forbid happens to my grandmother , and her three children want... View More

Derek John Soltis
Derek John Soltis
answered on Jun 29, 2020

Yes. From what you described he sounds like he needs to be evicted through legal means if he chooses to stay.

2 Answers | Asked in Probate for New Jersey on
Q: My brother passed away and had no will his kids made me administrator of the estate. How do I split the home

His son was living with him and wants to stay in the house. His Half sister says it’s ok but when he sells she wants half. How do I set that up? There are no other assets so how do I pay off his debts and end my responsibilities As administrator?

Derek John Soltis
Derek John Soltis
answered on Jun 27, 2020

The son could buy the 1/2 of the house the sister owns now. He should easily be able to get a loan for 50% of home. This protects the sister in case he eventually does something that could endanger the property.

Talk to an attorney to go over your options and obligations as an executor....
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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: I have two tenants I wish to evict but don’t know how to go about it due to Covid and Phil Murphy’s Moratorium A-3859

I purchased a 2 family Feb 18th 2020. 60 day notice was given accordingly. We moved on April 1st and found there to be a guy who had been renting a room from the former tenant unbeknownst to us. Called the police but due to covid, we were told that he legally had a right to stay. With two young... View More

Derek John Soltis
Derek John Soltis
answered on Jun 25, 2020

You can file the paperwork with the county for eviction, and get in line for when the courts start hearing cases.

2 Answers | Asked in Probate for New Jersey on
Q: Can a lawyer use incorrect information to justify a client's self dealing?

Estate executor used dealer "trade in" value as the basis for purchasing a vehicle for 7K that she had previously valued at 10-15K. Lawyer claims that because a dealer wrote a note claiming this is trade in value, it is now an appraisal that represents fair market value. I think there... View More

Derek John Soltis
Derek John Soltis
answered on Jun 18, 2020

It is not a good sign that the Executor is buying property from the estate. The Executor owes a duty as a fiduciary to the estate. You really should speak with an attorney. Do not rely on any public internet forum as a basis to make a legal decision.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I'm trying to find the Owner or Owners name for property in Edison N.J.

The property name is Middlesex Managements Edison Woods Senior Citizen Associates.

Derek John Soltis
Derek John Soltis
answered on Jun 7, 2020

If you have the address you can search the NJ Property Tax records. It will give you the address of where their taxes are sent.

https://tax1.co.monmouth.nj.us/cgi-bin/prc6.cgi?menu=index&ms_user=monm&passwd=data&district=1301&mode=11

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