Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Morris Leo Greb
1 Answer | Asked in Contracts for New Jersey on
Q: I have an EIN number as a is a sole proprietory And DBA for my business with EO insurance. Should I change to a LLC?

With the EO insurance can someone still come after my personal asset that are attached with my spouse? The business services as a General Notary and Notary Signing Agent.

Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2022

My advise is that you speak to a CPA to discuss the tax implications. Thereafter once a decision is reached an attorney can be retained to prepare the appropriate documents for filing.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I moved in my home and an acre of my land is being farmed by the previous owners family. What should I do to reclaim it.
Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2022

There are several issues that need to be addressed. The first is whether there was a written lease giving the mower the right to continue to mow. Did the affidavit of title disclosed the lease? Was the prior owner receiving farmland real estate abatement for the property taxes. If so, dis the prior... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Small claim to recover my rental advance from Landlord

Hi, I have rented an apartment and stayed for around 5 years and my landlord returned only the partial deposit. the charges he showed are to renovate the unit. In order to initiate Small claim, I asked for my landlord's mailing address and he is not ready to confirm or receive the mail I sent.... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2022

Check with the municipal tax collector or assessor for the landlord's address.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How can I prevent eviction?
Morris Leo Greb
Morris Leo Greb answered on Jan 8, 2022

Pay rent timely, observe the terms of the lease, don’t be disruptive to landlord and other tenants. There is no self help permitted in NJ. If a complaint for eviction is filed, be sure to attend the Court hearing. Make sure the landlord has complied with the requirements of all notices required... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: When a trustee election has 2 different terms should the ballot show candidate and term sought?
Morris Leo Greb
Morris Leo Greb answered on Jan 4, 2022

Yes, the office and term should be indicated on the ballot.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Is the board appointment of a HOA trustee to fill a vacancy a binding vote ? Open meeting required vote?

Our board says it's not a binding vote but a affirmation that he is now a trustee and done in a closed executive meeting

Morris Leo Greb
Morris Leo Greb answered on Jan 4, 2022

Each HOA operates under its own set of rules. You need to review the organic documents of the HOA to determine the answer to your question.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord has asked me to vacate the apartment I rent from her

Landlord has asked me to leave and I don’t believe she is following proper procedure. She gave me a letter to leave (12/29/21) as of 1/31/22 I have never been issued a written warning to cease or a notice to quit. She also failed to provide me with an original 2017 lease nor did she provide me... Read more »

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

New Jersey does not recognize self help. The only way a Landlord can force a tenant to vacate an apartment is to strictly follow the statutory requirements. Should the tenant not vacate the Landlord must file a complaint in Court which is served on the Tenant. A court hearing is scheduled. The... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: if a church purchases an adjacent lot, do the 2 properties automatically get merged into 1? making it diff. to sell 1?

our church (corp A) has the opportunity to purchase an adjacent lot and convert it into a parsonage..lawyer suggested we create a separate corp B under A

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

The attorney's answer is correct.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Landlord decides to sell rent house, made verbal offer to sell to lessee, rescinded the offer (with racist overtones)...

(I'm subletting; my housemate is the lessee.) The landlord (who bought the house less than a year ago) told us he wanted to sell, made verbal offer to my housemate to sell it to her for what he bought it for. She was interested, scheduled inspection, talked to the bank. Then a couple of weeks... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 28, 2021

In order for an agreement to sell real estate in NJ to be enforceable, the contract must be in writing. The only verbal real estate agreement that is enforceable is for a lease of one year in duration.

1 Answer | Asked in Probate for New Jersey on
Q: Dad died no will 5 siblings I apply for administrative certificate all 3 siblings signed/notarized the renunciation

Document except my brother who is incarcerated. Do I need his permission to move forward or does the majority of us rule?

Morris Leo Greb
Morris Leo Greb answered on Dec 22, 2021

Apply for administration, listing all the siblings. The Surrogate will appoint or more of the siblings as administrator(s).

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is a apartment manager allowed to threaten to evict you with no grounds in doing so in NJ

I have been threaten with eviction with no ground in doing so. The only thing I have done wrong in this mid rise building is 4 years ago when I moved in the next store tenant said my tv sound was to loud she is bed ridden and her bedroom was right to mind the sound level was at 55 db's and... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 22, 2021

He can threaten but he cannot evict without complying with all NJ statutory requirements. These is no self help in NJ. All evictions must be the result of a Court hearing. Your lead has a provision for quiet enjoyment. If the Manager’s constant threat becomes annoying, you have a claim against... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I sublet an apartment for 2 years and just found out it is illegal. They are giving me 2 days to vacate. What can I do?

I have been in thus apartment for over 2 years. Never knowing that the sublet was illegal. Today both the landlord and the property management company told me 8 have 2 days to get vacate the premises or legal action will be taken.

Morris Leo Greb
Morris Leo Greb answered on Dec 20, 2021

Remain where you are until you receive a Court oder or a Board of Health requirement to vacate. There is no self help in NJ. The Landlord must file an appropriate action after complying with statutory requirements.

1 Answer | Asked in Estate Planning for New Jersey on
Q: Can an executor appoint someone else to handle the estate ?
Morris Leo Greb
Morris Leo Greb answered on Dec 20, 2021

Yes. This is frequently done when there is a complex estate and the executor will retain the assistance of an accountant of financial advisor. A well drafted will would have given the executor explicitly to do so.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What happens if a former landlord returns my security deposit to the wrong address?

I recently filed a complaint against my former landlord for failure to return my security deposit within the allotted 30 days. I received a nasty email from the property manager this morning that I filed a frivolous suit against them. I assure you I did not. After a couple of emails back and forth... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 14, 2021

Yes, proceed with your claim. Let the Court decide who is correct.

1 Answer | Asked in Contracts for New Jersey on
Q: I am searching for a lawyer to help cancel a time share contract in Vermont.

Contract purchased on 11/30/2021 at Smuggs for Whydam.

Morris Leo Greb
Morris Leo Greb answered on Dec 13, 2021

Contact an attorney in Vermont for best results.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: The apt.s I rent from say I must pay a pet fee. But on the lease my pet's name says $0 fee beside it. What should I do?

On their website, it does say they charge a monthly pet fee. I don't want to get evicted. But it doesn't seem right that they're not sticking to the lease agreement, even if they did make a mistake.

Morris Leo Greb
Morris Leo Greb answered on Dec 13, 2021

Pay the fee!

3 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey on
Q: A bank that doesn't own my Mortgage Note got a Writ of Execution for a Sheriff Sale. How can I challenge the Writ?
Morris Leo Greb
Morris Leo Greb answered on Dec 9, 2021

Speak to an attorney familiare with foreclosure procedures. You must file a action to quash the writ of execution immediately.

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I would like to remove a tenant from a building I am looking to purchase.

If I am buying a commercial property (which is currently leased to a tenant with 6 yrs remaining on their lease). I would like to make use of this property for my own retail use.

1. What can I legally do to remove the tenant?

2. Should I ask that property be vacated prior to... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 8, 2021

You take possession of the property subject to existing leases. Unless the tenant voluntarily relinquishes possession, the tenant can remain undisturbed for the balance of the lease.

2 Answers | Asked in Estate Planning for New Jersey on
Q: See below

My mother passed away a few days ago, in her will she left me my home (my home is in her name) in a trust. She listed me as trustee and sole beneficiary. Does mean the home will be transferred to me right away or does it take a long period of time for probate?

Morris Leo Greb
Morris Leo Greb answered on Nov 30, 2021

More information is needed for a complete answer. However, the trust becomes the owner once the will is probated.

View More Answers

2 Answers | Asked in Federal Crimes, Family Law, Health Care Law and Probate for New Jersey on
Q: Is knowingly submitting false information or hiding relevant information on a Medicaid recovery claim document fraud?

I live in the state of New Jersey. My sister is currently administering my late mother’s estate, which includes a Medicaid lien of 200 thousand dollars (including additional charges). Medicaid sent notice to the estate administrator to provide a full accounting of the my late mother’s estate.... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 27, 2021

Yes submission of knowingly false information to the government is a criminal act. The possible maximum penalties are quite severe. I suggest you speak to an attorney with experience in handling federal criminal acts.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.