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Questions Answered by Marcel Wurms
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: if i have a lease with a landlord and the building is sold to new landlord in a short sale can the new landlord not

honor my current lease and could he raise it more than 5%

Marcel Wurms
Marcel Wurms
answered on Aug 31, 2017

No. The new landlord is bound by the terms of your lease. Any rent increases must be in accordance with the terms of the lease and may not be unconscionable. Whether "more than 5%" is unconscionable or not is dependent upon the facts.

You should see an experienced landlord...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am getting ready to list my rental property for sale .

I have a rental multi family property in New Jersey that am about list for sell. I have be managing it from out of state for the pass 10 years. I am have gotten tied of it . Have a great Tanent and I feel bad to tell them. What is the right way. They are on a month to month lease . What is the... View More

Marcel Wurms
Marcel Wurms
answered on Aug 31, 2017

The best way is to call them. They still have their rights under the lease, and unless one of the causes under the anti-eviction act are met, whomever buys the property will inherit them as a tenant.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My father in law passed away and left a will and had an estate. House sold on 8/7/17. To date we have not received money

Does it take this long? Lawyer fees have been astronomical.

Marcel Wurms
Marcel Wurms
answered on Aug 29, 2017

It sure could take a while. Depends if inheritance tax and estate tax returns were filed yet. Call the attorney.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: how much of a notice does my landlord need to give me if she wants to move into the condo I'm renting?

My landlord called me stating she wants to settle down here and wants to move back into the condo I'm renting. I'm on a month to month. I pay on time every month. Do I need written notice? How much time do I have ,legally, to move out?

She also wants to come in to see how she is... View More

Marcel Wurms
Marcel Wurms
answered on Aug 29, 2017

Assuming there never was a written lease, she must give you two months notice and you do not have to let her in.

If there was a written lease which expired and converted to the month to month, then she must give you at least two months notice, unless the lease called for more. Also, any...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If my landlord already charges a 100 dollar late fee a month can he charge an extra 25 dollars a day from the 6th on

Until rent is paid.

Marcel Wurms
Marcel Wurms
answered on Aug 28, 2017

It's whatever is in the lease. You have to read that.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New Jersey on
Q: Was it legal of my landlord to give me less than a week to get rid of my dog?

I live in an apartment in NewJersey. I have received a letter from my landlord telling my to get rid of my service dog in less than a week or else i will be evicted, is this legal? Can i take legal action against my landlord?

Marcel Wurms
Marcel Wurms
answered on Aug 25, 2017

Landlords may not evict a tenant who houses a qualified service dogs.

You can disregard the letter. If he does take you to court, bring your medical diagnosis and the dog's certification.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I was gifted a trailer in a trailer community I pay lot fees and am in the lease to the community can gifter reclaim
Marcel Wurms
Marcel Wurms
answered on Aug 25, 2017

If there was a transfer of title through DMV, it's yours. If not, then you need to see a lawyer to discuss the background.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Feel sellers are stalling. Don't have money for repairs. We are in a hotel and have gone through 20,000 expenses

Went into contract in June. After inspection, in June, it was found house needed new septic and Chimney repair. In the meantime, sellers bought another house which they are fixing. We believe they ran out of money. We were told Chimney was fixed. Now we are told contractor is waiting for a... View More

Marcel Wurms
Marcel Wurms
answered on Aug 25, 2017

This question has been answered on your other posting.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Real Estate contract in June. Needs repairs. Not able to close till Nov/Dec. Can we sue?

After inspection, it was found house needed chimney repair and new septic. Now almost Sept. Nothing done. It was surmise we may not close till Nov/Dec. We have been told different stories. Thought chimney was fixed. Haven't even started. We feel they ran out of money with their new... View More

Marcel Wurms
Marcel Wurms
answered on Aug 25, 2017

Rights under the home inspection, along with dates, are usually spelled out quite clearly in the contract. If they breached the terms, then you have legal options. If not, you don't. Without knowing the provisions of the contract, seeing correspondence, reports, etc., I can't give you... View More

3 Answers | Asked in Traffic Tickets for New Jersey on
Q: Can we show the card to the prosecutor before court to see if it helps plea down? He forgot to show it to the officer.

We don't want to get in trouble so we need to know if it is ok to show it to the prosecutor the card in the pre-trial talk where they often lower the points.

Marcel Wurms
Marcel Wurms
answered on Aug 25, 2017

PBA cards generally don't carry a whole lot of weight when it comes to DWI. I guess there's no harm in trying. A lot will depend how your behavior was with the officer.

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1 Answer | Asked in Probate for New Jersey on
Q: I live with my kids in my recently deceased (a few wks ago) father's house and have paid the mortgage since he bought it

5 years ago and continue to do so. My father purchased the house for me since my credit is bad (bankruptcy). The mortgage is in his name. I have paid 20k of the principal to date. Unfort, the house is not specif mentioned in his will. My brother is executor. Assuming my family (mother, brothers)... View More

Marcel Wurms
Marcel Wurms
answered on Aug 24, 2017

I am not an expert on that act, but I believe it only applies where a property is transferred from the owner into a trust where the owner is the beneficiary. So, I don't think that applies.

Unless your brother will cooperate, you may be forced to sell the house, unless you can buy out...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Moving Out on Hold Over, What Are My Rights

My question involves landlord-tenant law in the State of: New Jersey

I started a 1 year lease(as tenant) on Nov 15 2015, ending Nov 14 2016. I had deposited 1.5 months worth of rent as security deposit. After the end of the 1-year term, there was no communication and I continued to stay(and... View More

Marcel Wurms
Marcel Wurms
answered on Aug 23, 2017

You are correct that your lease converted into a month to month. However, other than that, all the terms of the prior written lease apply.

Therefore, it seems to me that your month actually runs from the 15th to the 14th, and if you want to move out on September 39, you will be liable for...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Hi. I am a question about renting my home

I was thinking of renting my home month to month. Would I need to notarize a lease form? Also would that change my tax return?

Marcel Wurms
Marcel Wurms
answered on Aug 22, 2017

Leases don't need to be notarized, but I wouldn't advise using a store bought lease.

As far as taxes, when you rent a home, it requires you to file a Schedule E with your tax return. As a result, you need to keep very good records.

If this is your first time doing this,...
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3 Answers | Asked in Probate for New Jersey on
Q: My boss left me money in an insurance policy.the will is in probate in NJ. How long does it take to get it.
Marcel Wurms
Marcel Wurms
answered on Aug 22, 2017

Generally, insurance proceeds aren't considered a probate asset. However, depending upon the bosses will, there may be an inheritance tax issue. You should contact the executor of the estate for details.

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4 Answers | Asked in DUI / DWI for New Jersey on
Q: Does New Jersey have implied consent laws when it comes to drunk driving?
Marcel Wurms
Marcel Wurms
answered on Aug 21, 2017

Yes. Refusing to submit to a blood alcohol test is its own violations, with basically the same penalties as a DWI conviction.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I want to sell the house occupied by tenants and the lease states i can do that. Can i sue the tenants for making it har

Tenants make it messy, tell prospective buyers lies, dont let the realtor show up. Can i evict those tenants in the meantime?

Marcel Wurms
Marcel Wurms
answered on Aug 18, 2017

Whether you can evict now depends on the lease, but my gut is no, you would have to wait until you have a contract where the contract purchaser states that they wish to personally occupy the home.

As far as the tenants' actions, you can't stop them from being messy. Hopefully,...
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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If a drivers license is suspended, and u have a lot of other tickets, do u go to court to resolve it, or what hppns now?

Two of the tickets were speeding

Marcel Wurms
Marcel Wurms
answered on Aug 18, 2017

Yes, you have to resolve it, or you will be facing even longer suspensions.

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2 Answers | Asked in Probate for New Jersey on
Q: Can i claim my fathers house from widow, he did not file a will, i already checked with NJ state where the property is.
Marcel Wurms
Marcel Wurms
answered on Aug 18, 2017

Maybe. Probably not the whole house. Much more information is needed (did they live in the house as husband and wife, are there any other children, was there a will, etc. etc.)

Hire a New Jersey lawyer.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: My 18 year old son has a bunch of tickets he has not pd. He just got a job, and home is financial hardship al l around.

All my utility bills have been shut off last 3 mnths. I'm very sick, and my son is mandated to work. There is no transportation here. Can I write a letter to the judge explaining the financial situation and hardship at home?

Marcel Wurms
Marcel Wurms
answered on Aug 18, 2017

Your son needs to go to court. He can then request a public defender.

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Any way to fight cell phone ticket, because phone was being used as gps device?

22 year old female with Maryland plates, was on way to soccer training in Hillsborough, NJ. Was pulled over by cop who gave her a ticket for 39:4-97.3 use of handheld cell phone violation. Driver explained that she was using phone a navigating device, had never been to area. Showed officer phone... View More

Marcel Wurms
Marcel Wurms
answered on Aug 17, 2017

Yes. It is not illegal to use it as a GPS. You should bring your phone records to show that no calls nor texts were made.

Good luck.

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