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Questions Answered by Marcel Wurms
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Should the landlord provide us cold water for free?
Marcel Wurms
Marcel Wurms
answered on Sep 27, 2017

While cold water is often provided by the landlord, especially in multifamily dwellings, it isn't always the case.

Whether utilities are included as part of the rent is usually spelled out in the lease.

Disclaimer: The provided information is for informational purposes only....
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1 Answer | Asked in Landlord - Tenant and Small Claims for New Jersey on
Q: Landlord is claiming I owe them to replace a hallway carpet 2 months after we moved out.

They sent me an email detailing a charge to replace the entire hallway (~1000 sq ft) carpet 2 months after we moved out because my dog had an accident in one are 6 months ago and the smell was supposedly unable to be removed. Am I legally required to pay for the full replacement cost?

Marcel Wurms
Marcel Wurms
answered on Sep 27, 2017

If they can prove that you caused damage to the carpet, then you are responsible for the damage. I would challenge them that they couldn't get the smell out. Also determine the age of the carpet, and try to argue that the carpet was depreciated.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I have a unit that I have been renting for 20 years. I just found out that another tenants heating and air conditioner

has been tied into my meter an I have been paying the other tenants bill. There have been other tenants over the years. Is the landlord responsible for the double bill I have been paying?

Marcel Wurms
Marcel Wurms
answered on Sep 26, 2017

I think you certainly have a case. You need to bring your bills and your documentation to a local attorney. It's likely that the discovery in this case will be complicated, and you will likely need to hire an expert to quantify your losses, if it goes to trial. You may likely want to bring... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: my landlord just sold my apartment and the new landlord is moving in and now wants me out what rights do I have

my lease is not up untill February 2019 it's a 2 unit house

Marcel Wurms
Marcel Wurms
answered on Sep 26, 2017

If you are living in a three or less unit building, and an owner wants to personally occupy your premises, you are required to vacate.

However, you must be given at least two month's notice, and if there is a current lease, you aren't required to leave prior to the expiration of...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord isn't renewing my annual lease. Do I still have to leave the day it expires even if I don't find a new home?

Landlord is giving home to his daughter amd taking it off the market. He gave me a simple, informal letter about 2 1/2 months ago stating that, and also said that I have been a good tenant for the past 3 years. I have 2 children and don't want them to change schools if at all possible. I was... View More

Marcel Wurms
Marcel Wurms
answered on Sep 25, 2017

It sounds like the landlord is transferring title to the home to his daughter, and she wishes to occupy the premises. This sounds like a single family home. Assuming it is, the landlord is within his rights. However, proper notice must be given. 2 1/2 months is sufficient, provided your lease... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord wants 2 divide the apt. Im living in into 2 apts. If we dont let him he wants us to move. Rent the same. Legal?

He wants to do construction while we're in the apartment. We are an elderly couple with health issues and have always paid our rent on time. We will be paying same rent for half of apartment or pay double if we want to keep the apartment as it is now. What are our options in this situation?

Marcel Wurms
Marcel Wurms
answered on Sep 25, 2017

It depends upon whether the apartment is in an owner occupied, three or less units building. If it is, then the landlord can evict you for any reason, once your lease is up.

Otherwise, the landlord can propose reasonable changes to the lease. Doubling the rent isn't usually...
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2 Answers | Asked in DUI / DWI for New Jersey on
Q: What is the punishment for drunk driving (first offense, clean driving record)?
Marcel Wurms
Marcel Wurms
answered on Sep 25, 2017

Depending upon the alcotest reading, it's a loss of license for 3 - 12 months, a fine of $250 to $500, participation in the Intoxicated Driver Resource program, a term of imprisonment of not more than 30 days, the possible requirement to use an ignition interlock in your vehicle once the... View More

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: What does this mean re: Title 46 - PROPERTY Section 46:8B-38 at bottom-L.1980, c. 103, s. 3, eff. Sept. 11, 1980.

This part - what does it mean? L.1980, c. 103, s. 3, eff. Sept. 11, 1980.

Marcel Wurms
Marcel Wurms
answered on Sep 22, 2017

That is when the law was originally passed - Chapter 103, Section 3 of the 1980 legislative session New Jersey. The law became effective on September 11, 1980.

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: My landlord opened a bank account in my name, with my SSN without my authorization.

I'd like to move out & no longer deal with him, as I've reported this is as fraud to the bank. My lease states that I need to give 60 days' notice, but I'd like to move out now. Is he able to do anything/withhold any money if I don't provide the 60 days, given the situation?

Marcel Wurms
Marcel Wurms
answered on Sep 21, 2017

I don't think you have any cause of action. The landlord probably opened a renter's security deposit account. Since you are legally entitled to any interest, there's no harm in what he did. How did he obtain your social security number? Presumably, you provided it.... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Been having major issues with landlord since moving in & requested a f2f meeting but landlord said no, can he do that?

Was showed the apartment when still being renovated, when we moved in we noticed many things weren't competed or corners were cut to complete them. Tried to say something back then and our landlord brushed us off. Now, we have a broken window that we can't use, couldn't use our... View More

Marcel Wurms
Marcel Wurms
answered on Sep 21, 2017

Unless your lease calls for a meeting, then yes, he can refuse to meet.

Your next best bet is to write the landlord, certified mail, listing all your issues. Depending upon the severity, you can advise him that if he doesn't correct the problems within a reasonable period, you will...
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1 Answer | Asked in Landlord - Tenant and Small Claims for New Jersey on
Q: Do I have a tenancy descrimination case? Can it be a class action case? Can landlord eliminate grace period?

As of January 26, 2015 a new landlord real estate investment llc bought this 124 unit garden apartment complex I’m staying at for over 13 years. October 2015 landlord gave new leases. Due date December 1st. Tenants with 10+ years occupancy received 4% "reasonable" increase under town... View More

Marcel Wurms
Marcel Wurms
answered on Sep 20, 2017

A new lease can not take effect until the old lease term is over. Assuming it is, and that your written lease has turned into a month to month lease, then the 45 days notice was sufficient.

As far as whether the increase was reasonable, the landlord has the burden of proof that the...
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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: My son was pulled over for passing a stationary school bus.

He claims he didn't see the flashing yellow lights and the raised stop sign. The officer took his driver license and then returned to his car and said he would mail the citation. Can he do that?

Marcel Wurms
Marcel Wurms
answered on Sep 20, 2017

As Mr. Aalsberg stated, the answer is yes.

However, if your son says he didn't see them, that's not a defense. If he saw the bus, and didn't see any lights, that could be a defense.

Also, if the bus was in front of a school letting off children, of if the bus was on...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I didn't sign month-to-month after annual lease expired, landlord sent letter to terminate & show apt. w/ 24 hrs notice.

Hi. I'm a renter of a condo in attached housing here in Monmouth County, NJ. My landlord owns the property but it's part of an association. I had an annual lease which was renewed in 2016 (it started in August 2015) and a month-to-month lease was finally sent to me 3 weeks after the 2016... View More

Marcel Wurms
Marcel Wurms
answered on Sep 19, 2017

If your landlord properly served you with a valid notice to cease making your late payments, and despite the notice you continued to make such payments late, yes, she has the right to ask you to leave. That is accomplished by sending you a notice to quit.

If the notice to cease wasn't...
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2 Answers | Asked in Real Estate Law for New Jersey on
Q: My neighbor 2 yrs ago took down all but 2 sections of a deplorable fence that is on our shared boundary line.

My survey clearly shows the fence on the boundary line & at the time of the partial removal she said.... she was going to install a new fence.

This never happened, I now have reached out to her with my plan of a new fence (4' high all Cedar board on board picket), I sent her a... View More

Marcel Wurms
Marcel Wurms
answered on Sep 18, 2017

If the fence is right on the property line, then generally, she also had no right to take the down fence two years ago without your permission.

That may give you the leverage you need. However, the easier answer may for you to just put up your own fence on your property, and hide her fence.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: We purchased a a flipped, bank owned home, and found out later that it seemed the sellers hid many problems.

We found out within a few months that it had a moisture problems and had water damage. Our neighbor told us that trees had fell on the roof and I have no idea how long there was an opening. Also the sump pump in our basement was not functional even though we were told it was fixed(could not check... View More

Marcel Wurms
Marcel Wurms
answered on Sep 18, 2017

If a seller purposefully hid and misrepresented known material issues to you, you may have recourse.

You should see the attorney that represented you in the purchase, and review the home inspection report with the attorney.

Disclaimer: The provided information is for informational...
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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can someone else sign as seller for me on a real estate transaction in New Jersey if I am unavailable?

I am stuck in in a hurricane disaster zone in the US Virgin Islands and have no way to send out or receive hard-copy documents. I am told that wet signatures are required on closing docs in New Jersey. It was suggested that I give a POA to my attorney to sign on my behalf. This does not help me... View More

Marcel Wurms
Marcel Wurms
answered on Sep 18, 2017

You can provide your attorney or someone else with a power of attorney to sign the documents on your behalf. If they are signing the deed on your behalf, you should provide the buyer and the buyer's title company with advanced notice.

Disclaimer: The provided information is for...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: hey i have recieved a failure to signal ticket... its been over 3 weeks the officer has not sent the ticket in the keep

telling me to call back shouldnt the ticket be void i have the ticket but i called the court house and they do not know where the ticket is i cant pay it online cause it says ticket is not there u think he gave me a break?

Marcel Wurms
Marcel Wurms
answered on Sep 13, 2017

In NJ, police officers generally give you the ticket immediately; no tickets are mailed.

If you misplaced your copy of the ticket, contact the municipal court in which the violation took place, and ask them for a copy of the ticket. You don't want to risk a warrant or license...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Is it legal for the landlord to place cameras inside my rental apartment? Isn't it invasion of privacy?
Marcel Wurms
Marcel Wurms
answered on Sep 12, 2017

Unless it was in your lease, the landlord can't do that. And even if it is in the lease, that clause might be against public policy.

However, if you're talking about putting the camera in a common area such as a hallway, it might not be prohibited.

Disclaimer: The...
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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Should I hire a traffic lawyer? I live in Burlington County NJ.

I am trying to figure out if I need a lawyer for traffic court. I was pulled over the other day for talking on my cell phone. I was given a ticket for that(39:4-97.3) and also a ticket for an expired dl(39:3-10A). I have to appear for both tickets. Unfortunately for me, I did the skip the trip for... View More

Marcel Wurms
Marcel Wurms
answered on Sep 11, 2017

I would suggest that you call a local attorney. The fine for unlicensed operation can be as high as $500, and may also carry jail time. The cell phone violation carries a fine of $200 - $400.

Many attorneys offer free or reduced fee initial consultations.

Disclaimer: The...
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: I live with two of my cousins. The lease is up next month. I do not want to stay there any longer.
Marcel Wurms
Marcel Wurms
answered on Sep 1, 2017

If you're all on the lease, you should give the landlord notice. Hopefully, the lease only required one month's notice.

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