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Questions Answered by Marcel Wurms
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can an owner occupied home new lease renewal not have grace period payment or is this for elderly disabled in nj
Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

There is no requirement for a grace period, unless the tenant is a senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Does this law apply to all renters or only seniors? 2A:42-6.1. Grace period for payment of rent
Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

That clause only applies to senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: my landlord locked me out of my house and took my stuff without any of the action notice just told me to be out in one

Call the pennsauken police they told me I had no leg to stand on because we had no lease now I have no belongings and I'm homeless

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

If you were a tenant, the landlord may not lock you out and may not dispose of your belongings. Go see a local attorney ASAP. If you can't afford one, call Camden County Legal Services.

Disclaimer: The provided information is for informational purposes only. This should not be construed...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: was given warrant of removal and evicted. My landlord started throwing away all my things the same day is this legal?

All my belongings including camper, motorcycle furniture every piece of property I owned and was left I was coming back but at this rate there won't be anything to come back to

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

No, a landlord cannot just dispose of a tenant's possessions, even after a warrant of removal. Landlord's are required to give notice to the tenant, and to provide them with an opportunity to retrieve their belongings. The landlord does have the right to charge a reasonable storage fee.... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: Should my grandmas will go they probate? The day before my grandma passed Uncle got friend to notarize POA?

There was NO WAY my grandma was coherent to grant that. Then the day she died, I believe he went to the bank and cashed her 2cds from 1950 and emptied her checking and savings account out. The following day after he did that he told me I could have whatever I wanted out of the house. When I got... Read more »

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

If you're grandmother was incompetent when she signed the POA, then it wouldn't be valid. Proving that could be tough and expensive. However, the cost of the litigation, if you have a valid basis for bringing it, might be payable by your grandmother's estate.

Did your uncle probate the...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Small Claims for New Jersey on
Q: Home contractor installed sump pumps stopped working after 4 months and he stopped responding to calls/emails/texts

We had a contractor help install sump pumps to divert rain water to the sidewalk to prevent potential house flooding a few months ago. In the contract, he mentioned the sump pump would be covered with a 10 year warranty. When the sump pumps stopped working a few months after the install, we reached... Read more »

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

Hire an attorney to find the contractor, and then you can bring suit. Under the NJ Consumer Fraud law, you are likely entitled to treble damages and attorney fees.

Good luck.

Disclaimer: The provided information is for informational purposes only. This should not be construed as...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My tenant broke the lease, but the condo association won't let me re-rent the apartment. What are my landlord rights?

My condo association rules stipulate that landlords are not allowed to re-rent the apartment until the end of the lease. Under NJ law, I believe I have to make a reasonable effort to rent out the apartment, but my condo association restricts this. What can I do? I'd like to avoid going after the... Read more »

Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

It would seem to me that once the tenant broke the lease, that effectively terminated it. However, without seeing the actual lease and condo rules, I can only provide my best guess.

Disclaimer: The provided information is for informational purposes only. This should not be construed as...
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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Is it illegal to have no fog lights in newjersey ?
Marcel Wurms
Marcel Wurms answered on Sep 9, 2019

There's no NJ law requiring fog lights.

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...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: We just found out our landlords don’t have a certificate of occupancy and they filed evictions.

When we go to court and we show the proof of no CO as our reason for non payment are we able to file for the 6x the rent relocation they have to pay? Are we also able to sue for any rent/security paid? Also they never gave us proof of our security after the 30 days and they have never given us our... Read more »

Marcel Wurms
Marcel Wurms answered on Jan 23, 2018

Not necessarily. All that's required for an eviction is that the property be registered with the town as a rental property, not a current CO.

However, if the unit is illegal, and the town is making the landlord evict you, then you may be entitled.

As far as the security, you MAY...
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1 Answer | Asked in Tax Law for New Jersey on
Q: I received property when my father passed and selling it. I live in NJ and wondered what inhertance tax will be due

The property is in Croatia. I'm a citizen of the US and live in NJ

Marcel Wurms
Marcel Wurms answered on Jan 22, 2018

You didn't say whether your father was a NJ citizen. If he wasn't then NJ will not tax the property. If he was, then the property will be subject to the NJ estate tax calculation.

You should consult with a CPA or attorney fluent in NJ estate and inheritance taxation.

Disclaimer:...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Ticket for parking on reserved space, when there is no clear sign board on reserved lot.

Hi,

This happened in Jersey City. I got a ticket for $ 110 for parking in a reserved space but there was no clear indication of reserved lots by way of sign board. There were 4 signboards (for reserved parking) for an entire row of approx 10 parking lots and the floor was not marked, no... Read more »

Marcel Wurms
Marcel Wurms answered on Jan 22, 2018

While you may have a case, the cost of the lawyer would certainly be much more than the ticket.

You could try proceeding on your own, but your time has value too. You may or may not be able to convince a judge. You need to weigh this in deciding whether to fight it or not. My feeling...
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1 Answer | Asked in Intellectual Property and Landlord - Tenant for New Jersey on
Q: Are the landlords responsable for car damage inside of the property that I am renting?

Somebody hit my car while it was parking in the garage at the house I rent.

Marcel Wurms
Marcel Wurms answered on Jan 22, 2018

It's hard to say with so little facts. If the landlord somehow contributed to the accident by overcrowding the garage, or by putting the spaces too close together, perhaps.

You should consult a local attorney.

Disclaimer: The provided information is for informational purposes...
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2 Answers | Asked in Probate for New Jersey on
Q: My uncle left me fifty percent of his house in NJ .Do I have to pay a gift tax, if it was gifted in his will
Marcel Wurms
Marcel Wurms answered on Jan 22, 2018

Gift tax is only paid on gifts made while the donor was alive. In this case, it sounds like you inherited it. There is an inheritance tax in New Jersey. The rate for class D beneficiaries (a niece or nephew falls into this class) pays a 15% tax. In addition, the estate may be liable for the NJ... Read more »

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1 Answer | Asked in Lemon Law and Real Estate Law for New Jersey on
Q: I have been in this lemon of a home since March last year. Since then it has been an infestation home!

I have been spending SO MUCH on hotels versus enjoying my home. My kids have been sick and I just feel stuck in this far from what I call a home. Between rats, carpet beetles, flees, birds, and bird mites to say the least. I have reached out to EVERYONE involved in this purchasing process and all I... Read more »

Marcel Wurms
Marcel Wurms answered on Jan 9, 2018

You need to check with your attorney. Also, check your pest inspection report to see what it says.

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...
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1 Answer | Asked in Probate for New Jersey on
Q: My mother passed 2/6/17 and has some stock in her name. The beneficiary forms to make my sisters and I equal beneficiars

Never went through. We were not notified. It was put on my mothers online account. She was legally blind and would not have know how to Check that . What can we do to claim

Her stock. It has now increased in value . How long before the value goes to

The state?

Marcel Wurms
Marcel Wurms answered on Jan 8, 2018

Just contact the company. They will send you the correct forms to fill out. You will likely need to fill out an affidavit of residence and provide the death certificate and letters of administration. You will also likely need to have some of the forms authenticated with a "medallion guarantee".... Read more »

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: I'm the next of kin of my sister who died. She was never married and had no children. She moved from north carolina to

illinois. She died after being there about 2 weeks. She never changed car registration or license from north carolina. How can I gain access to the property she had which is under $20,000 ?

Marcel Wurms
Marcel Wurms answered on Jan 5, 2018

You will likely need to probate your sister's estate. If she actually established residency in Illinois, that's where you will need to probate the estate.

Some states have special rules for smaller estates. I don't know if this estate qualifies for that.

Disclaimer: The...
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3 Answers | Asked in DUI / DWI for New Jersey on
Q: If I have a DUI in NJ, can I enter Canada without issue since it is a traffic offense and not criminal?

And this is the case even though it’s not a criminal offense and wouldn’t show on a criminal background check?

Marcel Wurms
Marcel Wurms answered on Dec 6, 2017

This is a very common question. Canada may deny you entry if you have a DWI. So, if you're planning on going to Canada, you should address this in plenty of time prior to going.

There are many Canadian lawyers who advertise on the internet to help this situation. I would contact one of...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I have not received my lease renewal. I rent a condo in receivership. Should I be worried?

I’ve been renting a condo in receivership for the last 2 years. My lease ends on 12/31/17. I have not received the lease renewal or any other notice. My rent is all paid. This past year I have been late with the rent however no notices or eviction letters were given. The property manager accepted... Read more »

Marcel Wurms
Marcel Wurms answered on Dec 5, 2017

Generally, unless you reside in an owner occupied building, you can only be evicted for one of the causes listed in the anti eviction act. Habitual late payment of rent is one of those causes. However, it appears that this is no longer an issue.

As far as a new lease, once your present...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Do we have a good case to keep contract deposit in this Real Estate transaction? Details below.

1. We accepted offer $15k less than asking if buyers would accept house “as is”.

2. Buyers were given copy of previous home inspection b4 signing “as is” contract. That inspection report stated it was recommended to replace electric box. Buyers signed with $5k deposit the... Read more »

Marcel Wurms
Marcel Wurms answered on Dec 4, 2017

Without looking at the contract, specifically any inspection provisions, it's hard to say. Often, when someone writes in "house being sold as is", they do not amend the inspection clauses. Therefore, a conflict between your intent and the actual written contract exists. You should check with the... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How was the management company able to put a letter of removal on my door without going to a judge?

I went into court because I was behind only a $100 for that month plus all the lawyer and court fees which brought it up to $500. I said that I will make a payment arrangement they refused and said that I was getting a letter of removal. They filed with the clerk and I was not able to or did I... Read more »

Marcel Wurms
Marcel Wurms answered on Dec 4, 2017

They can't evict you without a court order. However, if you did not show up, then they likely received a default judgment, which they are now executing.

Read the notice carefully, You may be able to get a second bite at the apple. Contact an attorney, or a local advocacy group....
Read more »

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