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Questions Answered by Matthew Schutz
2 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: NJ lease: cleaning costs & security deposit return timeline.

I'm in New Jersey and planning to move out of my apartment, which has small damages. The lease doesn't specify cleaning requirements, and I haven't received any instructions from my landlord about cleaning. Can I split the cleaning costs with my landlord? Also, how long does my... View More

Matthew Schutz
Matthew Schutz
answered on Oct 18, 2025

You are required to return the premises broom clean condition. Your landlord is required to return security deposit 30 days after you vacate and provide a full accounting of the security deposit including deductions for whatever reason and interest earned on the security deposit.

If he does...
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Can a NJ landlord not renew a lease claiming they're selling, then re-rent it?

In New Jersey, can a landlord refuse to renew a lease due to plans to sell the property, even if they haven't found a buyer yet? Our landlord gave us a 60-day notice to vacate and insisted on selling, despite us expressing a desire to stay. Now, three weeks after vacating, the property is... View More

Matthew Schutz
Matthew Schutz
answered on Sep 30, 2025

It is illegal to try to evict someone for personal use and not use the property for your own personal housing. It has to be the title owners personal use, so saying that cousin Ricky is going to be using the property doesn't work it has to be the landlord. That also doesn't work if the... View More

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2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New Jersey on
Q: Can we win a case to recover a security deposit if the landlord in NJ sent a letter on the 32nd day claiming deductions without pre-inspection, ignored our inquiries, and no documentation exists?

I recently vacated my rental property in New Jersey, and the landlord sent a letter on the 32nd day after vacating the premises stating that he would not return the security deposit. He claimed deductions for excessive dirt and holes in the walls due to picture hanging, but there was no... View More

Matthew Schutz
Matthew Schutz
answered on Aug 14, 2025

From what you write, probably have a decent chance to recover something. You the alleged holes from picture hanging is not something the landlord can charge you for. There is a presumption that the landlord paints the premises is attempting to relet the place and small. More nails to hang your... View More

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1 Answer | Asked in Landlord - Tenant, Small Claims and Real Estate Law for New Jersey on
Q: Missed court due to health, landlord filed eviction despite full rent payment.

I missed my court date due to high blood pressure, which prevented me from driving. I had paid my rent in full, yet my landlord filed for eviction on the first of the month. I haven’t had any communication with my landlord after the eviction filing, and there were no prior agreements or disputes... View More

Matthew Schutz
Matthew Schutz
answered on Aug 8, 2025

You need to go to the county courthouse in the county where your matter was heard and file for an order to show cause. The special civil court clerk will help you with the forms. You need to file a motion to vacate judgment under R.4:50-1. You need to explain why he didn't show up in court and... View More

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New Jersey on
Q: How to eject my belligerent son from my NJ home?

I have a 40-year-old son living in my home in New Jersey for several decades without any verbal or written agreement. Despite efforts to enforce house rules, he remains belligerent and refuses to contribute financially. The situation has worsened with property damage and significant disruption on... View More

Matthew Schutz
Matthew Schutz
answered on Jul 9, 2025

You would have to bring an ejectment action to have your son removed from the premises. You indicate he doesn't pay rent or make any financial contribution to the home. Eviction would not be an appropriate remedy. That is strictly a landlord-tenant tool and he is not a tenant. Ejectment also... View More

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3 Answers | Asked in Real Estate Law and Probate for New Jersey on
Q: Ownership division after one parent's death without a will.

If two parents add their adult child to the deed of their home and one parent passes away without leaving a will, do the surviving parent and adult child own 50/50% or 66/33% of the home, assuming no other contracts or specifications are in place?

Matthew Schutz
Matthew Schutz
answered on Jun 29, 2025

I can't give you a definitive answer without looking at the deed. Typically when a married couple buys a home a tenancy by the entireties is created. By adding the adult child What that means is the cotenants own it and there are certain advantages in terms of ownership.

By adding the...
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2 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Tenant stopped paying rent, unresponsive for 6 months, should I issue a notice of abandonment?

I purchased a two-family house in Metuchen, NJ, and agreed with the seller to let a tenant temporarily stay in one of the units. There was no deposit or lease, as my wife informally agreed to this arrangement. The tenant has not been living in the unit, stopped paying rent, and has been... View More

Matthew Schutz
Matthew Schutz
answered on Jun 27, 2025

You should evict the tenant. If there was no rental agreement, another action which is a little quicker might be appropriate. Since you accepted rent, you have to evict him. Since he owes you six months of rent, you can file based on nonpayment immediately. I don't know how much damage was... View More

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1 Answer | Asked in Family Law and Real Estate Law for New Jersey on
Q: 40 year old pays no board and trashes home

can i sue to make him pay and get out?

Matthew Schutz
Matthew Schutz
answered on Feb 5, 2025

The short answer is yes. For the purposes of the answer I am assuming the person involved pays no rent and never has. You would need to file an action called and ejectment. And ejectment is used for trespassers, guests who have worn out their welcome, and similar people. If the person is pay the... View More

2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: single mother renting a home in NJ and I am the only one on my lease, what is the process to have my adult son removed?

He has been living with me since June 2022 but has an alchohol and crack cocaine addiction. He refuses to get help and refuses to leave when requested. He pays no rent and is not listed on my lease. He is no longer welcome in my home. Can I just change the locks and refuse him entry or am I... View More

Matthew Schutz
Matthew Schutz
answered on Mar 3, 2024

First let me say sorry to hear about the difficulties you're having with your son.

From what you say in your question, you could probably file for an ejectment to remove your son. He is over 18, doesn't pay rent to you, doesn't make any contribution to the household expenses....
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3 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Do I have rights to the house if it's in her name but I invested in it?

My wife and I bought a house in her name 4 months before marriage for mortgage loan reasons. Now, after 11 years, she wants a divorce. I did not make the mortgage payments, but I paid most utilities and car payments. I've also worked on and invested money into the house. Do I have any rights... View More

Matthew Schutz
Matthew Schutz
answered on Oct 28, 2025

You have some interest in divorce proceedings. New Jersey is an equitable distribution state. You have been married for 11 years and you have done your due us as a spouse and even if the property is solely listed in your wife's name, if it was the marital home you have an interest in it.

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3 Answers | Asked in Real Estate Law and Gov & Administrative Law for New Jersey on
Q: Who owns a well on private property in New Jersey?

I own a private property in New Jersey with a non-portable well on it. I'm seeking clarification about who has legal ownership and control over this well. Are there specific state regulations or guidelines that dictate well ownership on private properties?

Matthew Schutz
Matthew Schutz
answered on Oct 13, 2025

Generally speaking if the well is on your land its your well.

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4 Answers | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for New Jersey on
Q: What legal steps can I take to address my son's behavior at home post-2023?

My wife passed away in 2023, and since then, my 40-year-old son has started exhibiting OCD and erratic emotions, which can sometimes become frightening. He has damaged his part of the house, and I'm considering having him move out, but he is resistant to any changes. The house is in my name,... View More

Matthew Schutz
Matthew Schutz
answered on Oct 8, 2025

I would agree with Mr. Whalen. You need to file an ejectment action against your son. The legal process itself is relatively simple, however it may be somewhat more difficult in terms of your personal perspective. Given the circumstances you are describing I would recommend going forward sooner... View More

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2 Answers | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for New Jersey on
Q: Can a NJ homeowner issue a Notice to Quit under false pretenses after tenant demands repairs?

I am a tenant living in an owner-occupied 2-bedroom townhouse in Saddle Brook, Bergen County, New Jersey. I've been experiencing harassment from my landlord since March, including invading my space and privacy and touching my belongings despite being asked not to. There is a massive hole in... View More

Matthew Schutz
Matthew Schutz
answered on Sep 12, 2025

The short answer is no. The landlord can give the notice to quit for his own personal use. The landlord has to be a natural person, not a business entity and of the person begin have to be an owner mentioned on the deed. It can't be son, daughter, mom, dad or any other relatives

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Can I stop eviction due to landlord wanting apartment for granddaughter after 10 years of tenancy?

I have been living in my apartment for over 10 years and have always paid rent on time. My landlord has given me 60 days’ notice to evict me, stating that she wants the apartment for her granddaughter. I have no lease agreement, and my tenancy is month-to-month. There are no local laws protecting... View More

Matthew Schutz
Matthew Schutz
answered on May 12, 2025

Your landlord can evict you from the apartment if it is for his or her personal use. The fact that a grandchild wants to live there, is not a basis to evict.

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3 Answers | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for New Jersey on
Q: How can I legally remove my adult son from my home in NJ due to alcoholism and refusal of help?

I need legal advice on removing my 50-year-old son from my home in New Jersey. He lives with us but has become an alcoholic, isn't working, and doesn't pay rent or have any lease agreement. Despite multiple discussions and offering financial help for treatment, he refuses assistance. Due... View More

Matthew Schutz
Matthew Schutz
answered on May 6, 2025

Assuming that your son has never paid rent, you would move by ejectment. Ejectment is an action that is similar to eviction, except it's for persons who have no claim on the property. It is more expeditious than eviction and is a summary proceeding.

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3 Answers | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for New Jersey on
Q: Can I legally remove my adult stepdaughter from my house in NJ?

I have allowed my adult stepdaughter to live in my house for over two years, but she is now an unwelcome guest. There is no lease or rental agreement between us, and I am the sole owner of the property. Her mother, my spouse, agrees with her removal. During her stay, my stepdaughter, along with her... View More

Matthew Schutz
Matthew Schutz
answered on Apr 1, 2025

Assuming that she does not pay you rent, you would need to file an ejectment action. It is quicker than eviction. Rent is defined in the very broadly so I would need to conduct an a consultation with you by phone for in person to figure out if this is the proper route. From what I read in your... View More

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3 Answers | Asked in Domestic Violence, Landlord - Tenant and Employment Law for New Jersey on
Q: Options for evicting non-lease occupant despite restraining order and job risk in NJ?

My friend works and lives in a company-provided apartment in New Jersey. He allowed a girl, who was struggling with heroin addiction, to stay with him as she had nowhere else to go, but she is not on the lease and her presence risks his job. He could face trouble due to a domestic violence no... View More

Matthew Schutz
Matthew Schutz
answered on Mar 20, 2025

What is the nature of the relationship between the employer and your friend? My initial thought is that he moves by ejectment. I would just like to clarify what is the legal relationship is between the employer, your friend in the apartment.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Was it correct for the judge to accept the landlord's claim of ownership without verifying documents in my eviction case

I am seeking advice regarding my eviction case. The landlord, who is a property manager, misrepresented himself as the owner during court. When the judge asked if he was the owner, he said yes. Both he and his relative lied in court, claiming that the relative had never paid rent and that they were... View More

Matthew Schutz
Matthew Schutz
answered on Dec 11, 2024

I would say that you do have a chance to have the matter put back into court. However, I would suggest you get a copy of the deed from the county clerk's office showing that the plaintiff is not the owner of the property.

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

Matthew Schutz
Matthew Schutz
answered on Mar 24, 2024

It is hard to provide you with an answer based on the information you give, it is difficult. Did you have a rental relationship while you lived on the premises? Did you have a domestic relationship while you lived with your friend? There are several different approaches your friend could use to... View More

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