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Questions Answered by Matthew Schutz
2 Answers | Asked in Construction Law and Contracts for New Jersey on
Q: I had a fire back on September 11. Got a contractor to do the work. The problem is that they never took the permits.

I have a stop work order from the township because the of no permits and since is a 3 family home we need the plans to be draw from a professional architect. I want to get out if the contract and find someone else to do the work. But because the contractor has out we have a contract we need to... View More

Matthew Schutz
Matthew Schutz
answered on Jan 25, 2023

Generally speaking, when you contract with a contractor to perform a repair on your home or other building, they agree to perform the work in a workmanlike fashion. Part of that is getting the necessary permits and plans. It appears your contractor isn't bothering.

I would write him...
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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can an offer to purchase a house be withdrawn before seller has made a decision?
Matthew Schutz
Matthew Schutz
answered on Jan 25, 2023

You can withdraw your offer if it has not been accepted. You need to do it in writing either by personal delivery, or certified and first-class mail. If there is a real estate agent involved for the other party you can serve them.

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Why would a landlord ask a tenant to complete W9 for an escrow account? Who collects the interest, pays taxes?

Escrow account for security deposit. Who collects the interest and who pays taxes on the interest?

Matthew Schutz
Matthew Schutz
answered on Jan 19, 2023

The security deposit, although help by the landlord, is the property of the tenant. the LL is required to set up a seperate, interest bearing account foir the security and the income is attributable to the tenant. The financial institution will require the SSN andW-9 of the tenant to set up the... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What is the current Statute of limitations on commercial property lease. For example tenant stopped paying his lease.

Tentant moved out and Four months of uncollected rent since September of 2017.

Matthew Schutz
Matthew Schutz
answered on Jan 16, 2023

I am unclear on what you mean by your question. Generally speaking, the statute of limitation on all contract actions is 6 years. Depending on when your tenant left in 2017, your coming up against the statute of limitations to sue him for the rent he owes.

If you are talking about filing an...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I need to have my 33 yr son move from my home. He refuses how can I have this happen?

Not on lease. He refuses to go. Does not pay rent or bills

Matthew Schutz
Matthew Schutz
answered on Jan 16, 2023

You would need to file an ejectment action. Ejectment is the remedy that you use where you have someone trespassing on your property. Since your son is 33 years old, he should be out on his own. Your obligation to support him ended when he turned 18. He needs to be given formal notice that he has... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a landlord buy a duplex, then immediately try to evict under NJSA 2A:18-53? If so, why do we have NJSA 2A:18-61.1(l)

The buyer moved into the other unit almost a year before closing. Nothing was ever said or sent about the buyer/owner wanting to personally occupy my unit. After closing, he refused rent/sent 30 day notice to quit (because the duplex is now owner-occupied, he doesn't need good cause). The... View More

Matthew Schutz
Matthew Schutz
answered on Jan 4, 2023

The problem you have is that under its terms the Anti-Eviction Act (AEA) does not apply to buildings which are 1) 3 units or less and 2) owner-occupied. When your new landlord moved into the building he removed your tenancy from the protections of the AEA. In that circumstance, the provisions of... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Is there a legal document i can obtain from an attorney protecting me from eviction as I purchase a home ?

Due to my work requirements I have had to train and rehabilitate animals . I have notified my apartment of my intentions of purchasing a home . However, they continue to send me letters of cease . I’d there anything I can do to prevent eviction as I finish my home buying journey . I always pay on... View More

Matthew Schutz
Matthew Schutz
answered on Dec 8, 2022

I don't understand the point of the question. While my colleague Mr. Gelb is correct, you can't make the landlord promise not to evict you, assuming that you are covered under New Jersey's anti-eviction act, you can't be evicted unless you violate 1 of 17 different restrictions.... View More

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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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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