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Questions Answered by Matthew Schutz
2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happens if I die to the ownership of house?

My father wants to have my family (my spouse, 2 children and myself move into his home). We would sell our own home. He stated he will be adding my name to the deed. Not sure if it would be sole survivorship. In either situation, what would happen if I passed away? Would my children and spouse get... Read more »

Matthew Schutz
Matthew Schutz
answered on Nov 12, 2022

The answer to your question depends on the interest that you will be getting in the new deed that your father is preparing. If the deed is a joint tenancy with the right of survivorship, then assuming you survive your father, you will get the entire property. If it is a tenancy in common, then you... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My doorman/management has misplaced my spare key. I don’t feel safe. Can I force my landlord to replace the locks?

am a tenant in Jersey city. My apartments spare key is kept with the doorman. I got locked out today and requested the spare key. The doorman showed me that the key was missing from the spare key cabinet. The super let me in but I believe the landlord may have taken the key. I don’t feel safe... Read more »

Matthew Schutz
Matthew Schutz
answered on Sep 11, 2022

It is a violation both of civil law and criminal law in New Jersey to lock you out of your apartment. What I would suggest you do is to change the locks on the door and leave a copy of the key with the doorman, get a signed receipt. In that way the landlord can't accuse you of changing the... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: i paid my deposit beginning of march and it wasn’t deposited til july. what can i do to go about that?

the mail from the bank said thank you for opening a checking account and didn’t provide any further info. his email said the states qualified interest rate, our amount paid, the lotion and the date but nothing further. i was told it should’ve been 30 days in a interest bearing-don’t think it is

Matthew Schutz
Matthew Schutz
answered on Aug 24, 2022

The landlord does have 30 days to deposit your security deposit into a separate interest-bearing account. If you want to check on when he deposited the money, you are telling me that you got notice that there is a checking account in your name and they sent you checks. I'd call the bank. Tell... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Hi, my evicted tenant left a lot of stuff behind. Can I it all throw out ? What’s the process on removal ? Thanks
Matthew Schutz
Matthew Schutz
answered on Aug 17, 2022

You need to send a letter to the tenant at his last known address to the tenant at his last known address informing him that he has 30 days to get his property. If you do not know the address that the tenant moved to after you evicted him (which is typical), you may use the address that you evicted... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I did not give my landlord proper notice when I left.

My former lease says that I am required to give 2 months notice when I leave. I only gave him a week and a half. He now wants me to be responsible for paying rent on August and September. At the same time he has in the lease that if I stay past the lease he wants me to pay for holdover rent.... Read more »

Matthew Schutz
Matthew Schutz
answered on Aug 15, 2022

The circumstances described in this email are disturbing to me. Your base rent is $1500.00 but you mentioned that you posted $3600 in security. Under New Jersey law your security is limited to one and a half months rent or $2550 in your case. How did your landlord say that the month-to-month rent... Read more »

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Does NJ state have a law requiring sellers to provide a surveyor report to buyer/mortgage company during a home sale?
Matthew Schutz
Matthew Schutz
answered on Aug 15, 2022

The short answer is no. It may be that your bank or mortgage company requires a survey in order for them to complete the application evaluation process and to ensure that there are no encroachments on the property that would affect their lien.

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2 Answers | Asked in Elder Law and Landlord - Tenant for New Jersey on
Q: how to protect the elder landlady from the son's general power of attorney abuse?

My landlady made his son as an agent(POA), but he puts the elderly landlady at risk by implementing illegal actions of eviction. How can I protect my landlady from being held accountable for his son's wrongdoings?

Matthew Schutz
Matthew Schutz
answered on Aug 5, 2022

I I think the first thing you can do is resist any illegal action that the power of attorney attempts to perpetrate. You don't go into specifics as to exactly what the attorney is doing, but if it's an illegal lockout you can go to the clerk's office at Superior Court in Elizabeth... Read more »

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1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: Is it legal to record someone who enters my apartment, either with or without their knowledge?
Matthew Schutz
Matthew Schutz
answered on Jul 29, 2022

As long as your camera is legally entitled to be where is, it's perfectly fine to photograph or record whatever is in its line of sight. Certain things are illegal, recording people using your bathroom facilities, as an example. Otherwise it's not a problem.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my uncle evict my nephew without a lease even if the apartment was never supposed to be an apartment legally

So my uncle been trying to take him out his house for a while, well the basement for probably more than a year he doesn’t have a lease for him so I know he stays there with tenant at will like a month-to-month basis but now my uncle is trying to sell the house and since it’s not a livable... Read more »

Matthew Schutz
Matthew Schutz
answered on Jul 27, 2022

Assuming that your uncle has never taken rental payments from his nephew, he can file an ejectment action in the Special Civil Part. This is different than an eviction action.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I find help if I think I was illegally evicted in NJ.
Matthew Schutz
Matthew Schutz
answered on Jul 24, 2022

Generally speaking the only way you can be evicted in New Jersey is by a court officer after an eviction hearing. Self help evictions (i.e. the landlord locking you out) are illegal. It is both the civil and criminal violation. If you need help getting back into your unit, you can either talk to an... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How much time does a Landlord have to tell tenants the inspection ppl are coming in your apartment? East Orange, NJ
Matthew Schutz
Matthew Schutz
answered on Jul 20, 2022

Depends on your lease. Generally speaking the landlord needs to provide you "reasonable notice" of any inspection, except in emergencies. Reasonable notice is defined as 24 hours. Usually the landlord has more than a week's notice of assorted governmental inspections.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I am a landlord of a two unit dwelling, one of which I occupy. The house was built in 1986.

Do I need to file a Landlord Registration Certificate?

Matthew Schutz
Matthew Schutz
answered on Jul 20, 2022

Yes and no. There is a requirement that you filed a landlord-tenant registration statement. In your case it filed at the municipal level. While there is no penalty for not filing, the court, should it come to eviction, will not have jurisdiction over the matter and will dismiss your eviction... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: After residential holdover EVICTION, can i put in for rent again?

we lost lot of money including lost rent, property damaged left my tenant, massive cleanup, we needed to fix up the house and rent again.

Do I need to wait six month or can we just rent now? We are unable to move in to the premises at this time due to financial difficulties.

What... Read more »

Matthew Schutz
Matthew Schutz
answered on Jul 19, 2022

I have read your question and I have some of my own. First let me respond to your question. A summary action in in the landlord-tenant part only determines possession of the premises. You can't get a money judgment in that part, nor can you use the decision beyond obtaining possession of the... Read more »

3 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Need details regarding how to sue the landlord regarding damages in details and exact steps

Me and wife stayed in the basement cellar apartment in jersey City nj for a year on monthly basis check payment no contract. The apartment was full of water logging issues and insect infestation. Before leaving we got apartment inspected by city who mentioned that this apartment was illegal as per... Read more »

Matthew Schutz
Matthew Schutz
answered on Jul 16, 2022

It appears, from your note that the apartment was illegal. In Jersey City, basement apartments are illegal and you are correct hundred New Jersey statues you are entitled to a 6 month relocation allowance. My first question is do you have a statement from the inspecting authorities indicating the... Read more »

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: After tenant got evicted can i put in for rent again? Case was under RESIDENTIAL HOLDOVER

Dear,

My tenant finally got evicted. My case was not for non-payment instead it was for RESIDENTIAL HOLDOVER, we as a owner wanted to move in to the premises. Now our circumstance has changed and we decided not to move in and rather re-rent again. Just wanted to know if the tenant come... Read more »

Matthew Schutz
Matthew Schutz
answered on Jul 15, 2022

The short answer is yes, you can be liable. New Jersey law provides for liability if you choose not to move in after evicting someone for the fact that you want to use the property for your personal use, but don't move in within 6 months. You are liable for the moving costs, double damages,... Read more »

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: How much can my landlord increase my rent in 2022 in Edison nj in a private owened home ?
Matthew Schutz
Matthew Schutz
answered on Jul 8, 2022

In the abscence of rent controls, any rent increase must be reasonable. While 5% is a safe harbor number, The Court will look at a variety of factors, including last time the rent was increased, any capital improvements, market rentals in the area, inflation, etc.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can my girlfriend take half of my home in New Jersey if i moved her in and we brake up?
Matthew Schutz
Matthew Schutz
answered on Jun 11, 2022

This answer assumes you are not married. No. She is your guest in your home. If she chooses to stay after she has worn out her welcome, you can file an action called an ejectment and here removed by a sheriff's officer.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Can landlord change first month rent, security deposit, AND last TWO months rent?

Edit: with confirmation that this is illegal, what’s my next step? I already signed and paid, should I reach out to the landlord and try and get my money back or contact an attorney?

I was told I needed to pay the following at the lease signing:

1.5 months security deposit, 1... Read more »

Matthew Schutz
Matthew Schutz
answered on May 16, 2022

What your landlord is asking you to do is illegal in New Jersey. He's only allowed to ask for a month and a half security. Asking for the 2 months rent at the end of the lease on top of a month and a half security is not permitted. Could you ask your landlord to put that request in writing.... Read more »

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Hi. What is the legal percentage that a NJ landlord for an apartment complex, can increase the rent by? Thank you
Matthew Schutz
Matthew Schutz
answered on May 16, 2022

I read Mister Greb's answer. While I generally agree with it, I would add that in the absence of rent control, the court will look at what is reasonable as far as an increase is concerned. The court will consider a variety of factors. How much time between the current increase in the last... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord is asking me to sign a full lease contract without seeing the unit. is it normal?

i am transferring to a bigger Unit, but they asked to sign the whole lease, put a deposit without seeing the next place. and in Case i do not like it, they will fine me, as my current place will be committed to somebody else.

is it normal to commit to a 12 months lease, without seeing it?

Matthew Schutz
Matthew Schutz
answered on Apr 18, 2022

No. How can read the lease or have an attorney review it, if you don't have a copy?

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