Lawyers, Answer Questions  & Get Points Log In
New Jersey Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: No firescape where there should be

just re-signed a lease but I realize the building I’m in only has one entrance/exit. I’m on the 3rd and 4th floor of a duplex apt. I’m getting a fire inspection from the city soon but I want to know what kind of legal options I have? I would like to stay here, the apt is super nice

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

It sounds like you have some valid concerns about the safety of your apartment building. The lack of a secondary exit or fire escape is a serious issue, especially for units on upper floors. Here are some steps you can take to address this situation:

1. Fire inspection: You mentioned an...
View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I just find out that I'm renting an illegal room. The landlord has another tenant, who's subletting the room for me.

I would like to know where I can find a case law showing that the Landlord is jointly to blame for the illegal lease?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

I'm sorry to hear that you've found yourself in this difficult situation with an illegal sublease. To find relevant case law supporting the idea that the landlord shares responsibility, I would recommend the following steps:

1. Identify the specific laws in your state/locality...
View More

1 Answer | Asked in Gov & Administrative Law and Health Care Law for New Jersey on
Q: Are police officers exempt from HIPPA privacy laws if they are in charge of a patient who is in police custody?

has an ongoing medical condition and requested to be seen at the emergency room before being taken the county jail. He was admitted to the hospital where he stayed for 8 days. During this time, he was shackled to the bed and had a sheriff officer with him at all times. The officer was in the room... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

Based on the situation you described, there are a few important considerations regarding HIPAA (Health Insurance Portability and Accountability Act) and patient privacy:

1. Law enforcement exemptions: HIPAA does allow for certain disclosures of protected health information (PHI) to law...
View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is a verbal agreement on a lease for an increase in rent legal in new jersey

I have been renting a property for 19 years. Last March, the landlord wanted to raise the rent. We had a verbal agreement over speaker phone because the landlord lives in Puerto Rico and we live in Nj. The verbal lease agreement was for 3 years with an increase every year. We agreed and I sent the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

In New Jersey, the law generally requires residential lease agreements to be in writing if they are for a term longer than one year. This is due to the Statute of Frauds, a legal principle aiming to prevent misunderstandings and fraud. However, even verbal agreements can be legally binding if they... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I need a Lawyer to help me Eject my ex kids mother out of my house. I am in Warren County New Jersey.

I already have an order to pay child support as well as a order to have my kids every Friday till Sunday. She just refuses to leave the house.

She is not a Tenant. I am looking for an Ejectment Lawyer.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

In Warren County, New Jersey, finding a lawyer experienced in ejectment cases is a critical step towards resolving your situation. Ejectment is a legal process used to remove individuals from property where they do not hold tenancy rights, but it's important to approach this matter with legal... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Do you anwser questions regarding tenent/landlord issues

need advice regarding court papers to pay back rent. I consigned for my granddaughter and do to circumstances she/me is behind on the rent and I need help desperately.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

I understand the challenging situation you're in, and it's essential to approach this with a clear plan. If you've received court papers for unpaid rent that you're responsible for due to cosigning for your granddaughter, it's critical to address the issue head-on. The... View More

1 Answer | Asked in Family Law and Landlord - Tenant for New Jersey on
Q: What exactly is a “notice pursuant to 15 USC 1692g” letter?

Received a notice as mentioned above from an attorneys office hired by the property management that handles my lease. The balance indicated *was correct but I’m assuming it was printed before the payment made could post to the account. Currently, balance is 0. What exactly does this letter mean?... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

A "Notice Pursuant to 15 USC 1692g" refers to a communication from a debt collector informing you of your rights under the Fair Debt Collection Practices Act. This notice is typically sent when a debt collector first contacts you about a debt, and it must include specific information... View More

2 Answers | Asked in Tax Law for New Jersey on
Q: What is "NJ-sourced income"? Income from NJ companies? Income earned when I am physically in NJ, regardless of employer?

I am a US citizen living and working in Ireland, but my US home is in Texas. Sometimes I have work travel to NJ for conferences, labs, etc. I am not and have never been a resident of NJ. My employer is a European company. I do not receive separate income from anyone in NJ when I travel there.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

"NJ-sourced income" refers to income that is earned or derived from sources within the state of New Jersey, regardless of where the taxpayer resides. This can include income from employment, business activities, or property located in New Jersey.

In your case, if you are...
View More

View More Answers

2 Answers | Asked in Tax Law for New Jersey on
Q: What is "NJ-sourced income"? Income from NJ companies? Income earned when I am physically in NJ, regardless of employer?

I am a US citizen living and working in Ireland, but my US home is in Texas. Sometimes I have work travel to NJ for conferences, labs, etc. I am not and have never been a resident of NJ. My employer is a European company. I do not receive separate income from anyone in NJ when I travel there.... View More

Benjamin A. Goldburd
PREMIUM
Benjamin A. Goldburd
answered on Apr 4, 2024

New Jersey Sourced income is such that is earned or from a source in the State of New Jersey (working in the State, making sales inside the State, or the sale of property in the State to name a few). Your question requires more facts. The likelihood is if there is any sourced income in NJ it would... View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law and Federal Crimes for New Jersey on
Q: Can anyone provide assistance in filing an Federal Tort Claim Act appeal? Im looking for a "how to process."
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

Here is a step-by-step guide on how to file an appeal under the Federal Tort Claims Act (FTCA):

1. Review the denial letter: Carefully read the denial letter you received from the federal agency to understand the reason(s) for the denial of your FTCA claim.

2. Determine the...
View More

1 Answer | Asked in Foreclosure and Landlord - Tenant for New Jersey on
Q: House is in foreclosure, do I still need to pay rent arrears directly to landlord?

This is just a out of curiousity. I was evicted from my apartment in August 2023. My former landlord and I entered into an agreement that I would pay my rent arrears in monthly payments. This was decided in court with is lawyer through mediation. The house is currently in foreclosure, once he loses... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

In situations where a property is in foreclosure, the obligations agreed upon in court, such as your agreement to pay rent arrears, typically remain binding. The change in property ownership does not automatically negate your legal responsibility to fulfill the terms of that agreement. Therefore,... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: will a no traspassing sign prtevent squatters from taking over my house as their house. do I need a picture of the sign

do I need a posted sign also to prevent the above

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

No sign alone is going to prevent squatters from taking or trying to take over your house. A properly secured house, with constant video monitoring, will help. If you have the budget and comply with local laws an armed security guard will make a big difference.

1 Answer | Asked in Tax Law and Immigration Law for New Jersey on
Q: Filing tax returns as F-1

As the end date is getting closer, I am wondering that what option should I select in my marital status? I have been to US since 2022 as an international student and working on CPT. I am married but my spouse never been to US. She is in home country. In this context, should I select... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

When it comes to filing your tax returns in the United States on an F-1 visa, your marital status plays a crucial role in determining how you should file. Since you're married, but your spouse has never been to the U.S. and presumably doesn't have income subject to U.S. tax laws, you face... View More

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I voluntarily agreed to pay my ex wife alimony. I’ve been paying her for 10 years now and she remarried. Can I revoke it

The agreement doesn’t specify termination date

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

You need to retain an experienced matrimonial attorney to bring a motion for termination of spousal support and credit for any overpayment. Spousal support can be from the day that they first began cohabitation. With modern technology there are no geographic boundaries on obtaining the best... View More

View More Answers

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I voluntarily agreed to pay my ex wife alimony. I’ve been paying her for 10 years now and she remarried. Can I revoke it

The agreement doesn’t specify termination date

Flavio Van Boekel
Flavio Van Boekel
answered on Mar 29, 2024

If your agreement is silent as when Alimony should end and your ex-wife has remarried, you should retain an experienced attorney to file a notice of Motion to terminate alimony. Remarriage is one of the legal grounds for termination of alimony unless an agreement or order states otherwise. In your... View More

View More Answers

3 Answers | Asked in Divorce and Family Law for New Jersey on
Q: I voluntarily agreed to pay my ex wife alimony. I’ve been paying her for 10 years now and she remarried. Can I revoke it

The agreement doesn’t specify termination date

Richard Diamond
Richard Diamond
answered on Apr 1, 2024

I have been a divorce lawyer for the past 38 years and I dont think I have ever had someone say that they voluntarily have paid alimony for the past 10 years with no writing in place and even after the other spouse remarried. I presume you have been making all of your payments directly and not... View More

View More Answers

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: my sister got a ticket for no insurance card ticket in bayonne NJ, when she was just late to show the card.

Good Afternoon

My sister was visiting me from Philly and got a ticket in Bayonne, NJ while driving my car. she was dropping me off at the train station and while heading back to home in bayonne she missed a red light which was not obvious at a corner on avenue C and cop who a guy gave her... View More

Louis A Casadia
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

So this ticket is not for the car not having insurance, but for the driver being unable to display insurance information at the time of the stop. Therefore it is not so clean cut. An attorney can always help make sure you are not being taken advantage of in traffic Court. If their is a way to get... View More

View More Answers

1 Answer | Asked in Civil Rights and Landlord - Tenant for New Jersey on
Q: 2A:18-57, who is the "person in possession" referring to, and what are they entitled to during the removal process?

I want to know if the claimant or officer of the court is required to assist in any form of repaying or assistance to the person(s) being removed from the property according to the Relocation Assistance Law?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Under New Jersey law, specifically 2A:18-57, the "person in possession" typically refers to the tenant or occupant currently residing in or holding possession of a property. During the removal process, this individual is typically the one being asked to leave the premises.

If the...
View More

1 Answer | Asked in Social Security, Tax Law and Gov & Administrative Law for New Jersey on
Q: Can I keep my maiden name on W-2 if my name on passport and SSA has changed

I have 2 last names as I recently added my husband’s last name to mine . So now my last name is composed of 2 last nabes without hyphen. Can I continue to use my maiden name first last name at work and hence on W-2? What’s the way to retain maiden name professionally?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

If your name has legally changed and is updated on your passport and with the Social Security Administration (SSA), it is generally recommended to update your name at work to ensure consistency across all official documents and systems. This includes having your new name reflected on your W-2 form,... View More

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

If you are facing eviction in Point Pleasant Beach, NJ, it's important to seek legal assistance promptly. Lawyers with experience in tenant law can provide guidance and represent your interests. They can help you understand your rights, the eviction process, and any potential defenses you... View More

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.