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Questions Answered by Morris Leo Greb
1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for New Jersey on
Q: Landlord Tenant dispute, Landlord enters back of property without permission, has also failed to repair property

I live in a town where the Code Enforcement is very strict. Our landlord has a building next door to us with a connected back parking lot.

Our landlord consistently visits the property and complains about trash and our way of life, etc. to avoid having to get calls from Code Enforcement... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 28, 2022

Every lease in NJ, both written and oral, are deemed to include the provision of quiet enjoyment. This means no one can enter the leased premises without the renter's permission unless it is an emergency such as a water or gas leak. If repairs are not made within a reasonable period of time,... Read more »

1 Answer | Asked in Elder Law and Estate Planning for New Jersey on
Q: My mother in law died over a year ago. Her estate was insolvent- she owed much more in debts than she had in assets.

My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 27, 2022

Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who is responsible for retaining wall in nj?

My neighbors property is about 10 ft above my level and the retaining wall is falling off. They want me to help pay for its repair.

Morris Leo Greb
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Morris Leo Greb
answered on Sep 26, 2022

The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Is the executor of a Real Estate Trust required to act quickly in selling the home? Should they notify us along the way?

Real Estate trust in NJ

What is the timeframe to sell? Should we be notified of the listing of home or price?

Morris Leo Greb
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Morris Leo Greb
answered on Sep 23, 2022

The executor has time to sell the property when the executor feels it is the best time for the benefit of the Estate.

1 Answer | Asked in Real Estate Law and Contracts for New Jersey on
Q: Dvlp contracted my house cash as-is. 5 mo later ( buyer delays), just sent email, no financing, can i keep deposit?

Cost us over $100,000, continued property tax and maintenance and change of market due to rising interest rates. Kept telling us town issues, NOT, other issues, not ours. Talking about finally closing in a week , then Monday got a text saying the deal was over as he couldn’t get financing. It... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 20, 2022

Yes, but I suggest you write to contract purchaser that you are declaring that the buyer has violated the terms of the contract. Further, you are keeping the deposit in satisfaction of the losses you have suffered by buyers' failure to perform.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Closing on a house but seller can't vacate. An occupancy agreement was suggested. Should we tell our mortgage lender?
Morris Leo Greb
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Morris Leo Greb
answered on Sep 10, 2022

I believe allowing a seller to remain in the premises after closing is a very bad idea. If the Seller can not meet the closing date, postpone the closing. Provide in the postponement that Seller shall reimburse you for any costs you may be subject to as a result of Seller's inability to meet... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Bankruptcy for New Jersey on
Q: I’m from NJ and am being taken to court for an old debt for rent. I was young at the time and unaware of what a co-signe

I was unaware what a co-signer was. I responded but the original signer did not. Would the court be able to put the full responsibility of the debt on me. I was just diagnosed with cancer and have no income while he does. Debt is from passaic county and I live in Passaic county. Court is in Morris... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 10, 2022

As a cosigner, you are fully responsible for the debt. Age or state of health is no defense. If a judgment is entered against you, it is a valid lien for 20 years. You may be able to have the debt discharged by filing in bankruptcy. Speak to an attorney with bankruptcy experience,

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a person who pays his federal and state taxes in Florida be on a board of trustee in a NJ HOA

I should mention t in the state of Florida

Morris Leo Greb
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Morris Leo Greb
answered on Sep 3, 2022

If you meet the qualification requirements of the organic documents set forth the HOA documents, you may be a member of the Board if Directors,

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord locked me inside my apartment.

I was sublease from my brother but he wasn’t using my rent to pay the landlord and I had no idea now we’re being evicted, but I’m locked inside.

Morris Leo Greb
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Morris Leo Greb
answered on Aug 25, 2022

The Landlord has no authority to lock you in or out of your apartment. Should there be unpaid rent, the ony thing the landlord can legally do is to apply to the court for a warrant of eviction. Should the landlord do anything else, he will be subject to a suit for damages.

1 Answer | Asked in Business Law for New Jersey on
Q: My tree farm/lake club needs to vote by email. How do we change the by-laws?
Morris Leo Greb
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Morris Leo Greb
answered on Aug 19, 2022

First check the organic documents of the organization. See whether the documents set forth the methods of voting. If none, have the board of directors at a regular scheduled board meeting vote o a proposal to change the organic documents to permit voting by email. Request the members to send in... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I properly make sure my tenant moved out day of eviction ?

Hello, after the court proceedings with my tenant, I received a eviction date 8/24

The sheriff contacted me and stated that he will do the lockout the day after if they still haven’t left.

My question is how do I clairfy they left house ? Is there a forum they have to sign ?... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Aug 17, 2022

No form is required although if they willingly give you one accept it. Ask for the keys. Change the locks immediately. Remember to notify the tenants of the disposition of the security deposit within the time required by statute.

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
Morris Leo Greb
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Morris Leo Greb
answered on Aug 17, 2022

Notify the tenant that he has 30 days to remove his property. If not removed, it will be removed and the cost will be deducted from the tenant's security deposit.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can the new owner of the house evict me, despite having a written agreement with the previous owner?

I and the previous owner of the house have a written agreement that we can still rent and stay in one of their rooms in the house until next year February 2023. But the previous owner sold the house this month. Will the new owner, honor the written agreement I had with the previous one?

Morris Leo Greb
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Morris Leo Greb
answered on Aug 11, 2022

No! Unless the written lease specifically provides the right to terminate lease upon sale and you signed that lease, the new owner must continue your tenancy until the termination date stated in the original as to all the terms contained therein.

1 Answer | Asked in Contracts for New Jersey on
Q: Have been playing for church for 12 yrs as pianist for 4 Choirs. Asked to apply for title of Minister of Music

After the death of the first one. I applied and the title it was later put on hold. It’s been over 3 yrs. There is a new pastor and now I’ve been asked again to give a resume for this title but they already have it, do I need to do it again, and why do I have to apply, I’ve been playing as... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Aug 7, 2022

Submit a new resume. Show that you are a "team player."

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?

Morris Leo Greb
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Morris Leo Greb
answered on Aug 5, 2022

There is no easy answer to an outsider stepping in the help a perceived problem. If you believe that there is physical or mental abuse, I would suggest is that you contact the local police for a wellness check.

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2 Answers | Asked in Real Estate Law, Foreclosure and Tax Law for New Jersey on
Q: Can a town lien in New Jersey add charges after they sold a lien to an investor that certified there were no charges?

Essex County, Township Of Irvington

I owed a lien purchased in December 2016 which certifies that there were no charges before or pending after attached to this lien or property. After paying the taxes for 4 years the city said in 2020 said they "forgot" to add cleaning charges... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Aug 3, 2022

It depends whether or not a Municipal Tax Search was ordered and received and the information contained. Speak to the title company you used to check title before actually purchasing the lien and the insured the transaction.

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1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: Do I as a primary beneficiary name to inherit property have the right to pay the taxes
Morris Leo Greb
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Morris Leo Greb
answered on Aug 1, 2022

Very briefly, anyone can pay the real estate taxes. Speak to an accountant as to whether the payment is tax deductible for you or is considered a gift which may trigger having to file a gift tax return.

1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Is your employer obligated to pay you additional money outlined in a union contract on top of prevailing wage in NJ

One of our collective bargaining agreements includes an addition $[1.50 per hour if certain equipment is utilized. However our employer told me that because I’m already making prevailing wage in NJ they don’t need to pay me any additional money. They told me I’m making enough money.

Morris Leo Greb
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Morris Leo Greb
answered on Jul 30, 2022

Generally a CBA sets a minimum payment schedule but does not preclude additional sums to be paid unless there is some sort of provision which for bargained for and include in the CBA.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If you rent and the house goes up for sale can the give you 30 days to be out even if your lease wasn’t over
Morris Leo Greb
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Morris Leo Greb
answered on Jul 24, 2022

A tenant has the right of quiet enjoyment until the lease term ends according to its terms. Anybody who purchases the property yakes title subject to the terms of the existing lease.

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