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Questions Answered by Marcel Wurms

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 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 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 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 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 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 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 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 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 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 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 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 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....
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1 Answer | Asked in Animal / Dog Law, Domestic Violence and Landlord - Tenant for New Jersey on

Q: tenant got arrested &restraining order put on him . He left behind animals can I have the humane society come get them?

The tenant was arrested for a domestic violence against myself and has previous history of terroristic threats towards myself and others.

Marcel Wurms answered on Dec 4, 2017

Yes, you should call them or a shelter immediately. If your town has an animal control officer, you can contact them. The police department could also possibly help you.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the...
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1 Answer | Asked in Landlord - Tenant for New Jersey on

Q: Can a landlord accept a regular rent payment right before he issues a eviction notice and before 1st court hearing?

I live in a room in house and on Saturday 11/25/17 I received a letter to appear in court on Friday 12/8/2017 due to non payment , nobody served me and it wasnt in my mailbox. The landlord jus put it in front of my door and didn't notify to me it was there. I made my regular weekly payment via... Read more »

Marcel Wurms answered on Dec 4, 2017

Are you paid up on all your rent payments? If this is the first notice you received, there should be a complaint attached to the notice. If not, I would call the court to find out what's going on.

If it is valid, you need to get a copy of the complaint from the court. Then, you need to...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on

Q: I live in Bergen Cty and on pay my rent online thru their portal i never physically resigned a lease

i want to move to a nicer place and online it states my lease was up in july (from july 16 to july 17) they are a shady outfit and i have proof of fire alarms not up and now roaches i just want to move can i move with just giving them say 30 days notice and they also took 2 and 1/2 months security... Read more »

Marcel Wurms answered on Oct 16, 2017

If they took 2 1/2 months rent, they are shady. The law only allows for 1 1/2 months.

Once your lease terminates, it becomes a month to month lease. Unless your lease provides for more, 1 month's notice is all you need to provide your landlord.

Disclaimer: The provided information...
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1 Answer | Asked in Landlord - Tenant for New Jersey on

Q: If landlord sends new lease w/ rent increase within 30 days of lease end, do I still have to give 30 days vacate notice?

My lease expires on Nov. 1st. On Sep. 19, landlord sent me a new lease with a 5% rent increase, change in utility charges (we would now be paying), a fee for paying rent via credit card, and a permission to enter without legal notice.

We sent him a marked-up copy highlighting these things... Read more »

Marcel Wurms answered on Oct 16, 2017

Even though this has been answered on another site, I'm restating the answer given on that site for the benefit of other readers.

The landlord, if they wanted to give you a choice between accepting a new lease or leaving, was required to provide you with a "notice to quit' at the time they...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on

Q: the apartment I moved into was not cleaned or painted, as agreed on the lease. What can I do?

On move in day, I stopped my move because of the filth but was told, by the landlord, via phone, that she would take care of it later. The lease says "unit" will be painted. Only the walls were painted and not any trim. Baseboards, doors, ceilings, and cabinets are filthy and chipped. Above the... Read more »

Marcel Wurms answered on Oct 16, 2017

Matters like this are very fact dependent. If your landlord violated her written agreement, then you may have recourse. You need to bring your proofs (copies of leases, emails, text messages, pictures, receipts, etc.) to an attorney to review.

Disclaimer: The provided information is for...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on

Q: I have a question about a late fee, if my rent was postmarked for the 4th and we have a senior citizen grace period

is it late? The management company wants to charge me $50.00 because they received the rent on the 9th am I liable I have proof the rent was mailed on the 4th of the month

Marcel Wurms answered on Oct 11, 2017

First, this section is only applicable if you are receiving social security or other government pensions in lieu of Social Security, disability benefits, SSI or Work First NJ benefits.

The rent has to be received within five business days of the due date. Unless your lease has a provision...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on

Q: Condo I rent is in foreclosure. In current lease until April 2018. Do I still owe rent to my landlord?

Marcel Wurms answered on Oct 10, 2017

You must continue making rent payments until you're otherwise directed by the present owner, or you receive notice that title has been transferred to the bank.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal...
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2 Answers | Asked in Real Estate Law for New Jersey on

Q: I am selling a lot. Buyer paying cash. Can I get two checks from the title company holding settlement?

Marcel Wurms answered on Oct 10, 2017

Shouldn't be a problem. Just speak with them.

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