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Questions Answered by Morris Leo Greb
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If I rent room in private house with many rooms ( nj state) Can I put lock in my door?
Morris Leo Greb
Morris Leo Greb
answered on Sep 7, 2023

The first question is whether this is a legal unit.

Did the Landlord give occupancy permit which includes a smoke detector certification?

Is there a written lease? Did you pay a security deposit? Did the Landlord provide you with the name of the bank where the deposit is being held?...
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3 Answers | Asked in Real Estate Law for New Jersey on
Q: A new owner for a gas station behind me has surveyed the land and has declared that my shed and cement pad are on his

This was the house I grew up in and have taken it over from my deceased father. The fence has been in place for more than 30 years. There are only woods behind me. The station owner has stated he will push back the fence, cut the cement pad and run a fence directly against the back of the shed.... View More

Morris Leo Greb
Morris Leo Greb
answered on Sep 6, 2023

The issues involve whether the survey you have or the one the neighbor has is correct. There is also the issues of adverse possession and prescriptive easement. The proofs involve you and your predecessor in title can show the the use was adverse or hostile, exclusive, visible, uninterrupted and... View More

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2 Answers | Asked in Contracts for New Jersey on
Q: i signed a contract but wasnt able to attend any of the classes i signed up for, can i get a refund?

i signed up june29, asked to delay start date. when new start date was approaching, i still could not attend. I asked the service for a refund and she refused. Am i able to get a refund even though i signed this contract?

Morris Leo Greb
Morris Leo Greb
answered on Aug 15, 2023

Your right to a refund should be outlined in the contract and/or supplemental documents supplied prior to signing the contract. Once the contract is signed new terms cannot be included unless the orginal documents permit this.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: being asked to vacate the house I rented for 6 y by the estate admin after the owner passed, what are my rights?

I currently face a situation where the administrator of the estate, without providing a reason, has communicated their desire for my eviction through a text message. No official letter has been received to substantiate this request.

Having resided in the property for over six years, my... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 11, 2023

Firstly, file a caveat with the Surrogate of the County where the decedent lived. Also file a caveat with the Superior Court.

Secondly, was the lease oral or written? Your rights may be protected by the terms of a written lease. If oral, what proofs do you have to support the offer of sale...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I was 9 days late in telling my landlord I was leaving and they"auto-renewed" me. Am I responsible for the rent?

I offered to pay an extra 9 days in rent to make up the 60-day notice period, but they have refused. I am leaving the apartment by June 30, 2022.

Morris Leo Greb
Morris Leo Greb
answered on May 19, 2023

The issue should be addressed by terms included in the lease. Do you ave a security deposit? Did the landlord give you any advance notice of either renewal or nonrenewal of the lease? Pay the nine days. The landlord cannot lock you out if it is a residential lease. He must file a complaint with the... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Can a maintenance technician unlock an apartment door for police and then change tenant lock without a request/notice

The Grande at Metropark in Iselin did this to my apt

Morris Leo Greb
Morris Leo Greb
answered on May 2, 2023

No for several reasons. The right of quiet enjoyment means that no one can enter your apartment without your permission. The only exception is when there is an emergency situation such as pipes leaking water or gas. Secondly there is no self help for residences, any action to evict as tenant can... View More

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1 Answer | Asked in Real Estate Law, Municipal Law and Land Use & Zoning for New Jersey on
Q: Zonning issue

I bought my house 6 years ago in Mount Laurel with a wood fence in place for over 30 years. I replaced the fence 2 years ago and just gotten a letter from township that the fence is on the township property. What rights do I have?

Morris Leo Greb
Morris Leo Greb
answered on Apr 11, 2023

You have one option. You can file an application with the Township for permission to keep the fencde where it is located with the proviso that should the municipality need to remove same for safety or emergency reasons, you would not be charged for the cost and you would be able to replace the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I write a notice to cease for harassment to my landlord?

My landlord filed for eviction on February 13th, 2023. I was advised by the lawyer to just wait for my hearing. My landlord since filing has begun harassing my son and I. He tried to have the uhaul we were renting towed from the yard, he called uhaul and reported it stolen prior to calling the tow... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 22, 2023

Report the acts of the Landlord to your lawyer. If you are not represented, send a first class as well as a certified mail return receipt requested letters to the Landlord. Advise him that his actions are violating the quiet enjoyment provision in the lease. Include a statement that if he... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If you don’t have a lease in NJ and you rent a basement apartment month to month can the landlord lock you out

I’ve already paid half this month I just can’t do the other half yet. All other months have been paid as well and he said yesterday if I don’t have the rest today he’s locking the door and I have to leave

Morris Leo Greb
Morris Leo Greb
answered on Mar 10, 2023

There is no self help allowed by the Courts of New Jersey. The landlord must follow the statutory requirements for eviction. Thus the landlord must file an action in Cort to evict you. You should check with the municipality to see if it is a legal dwelling unit. There must be a smoke detector... View More

2 Answers | Asked in Estate Planning for New Jersey on
Q: We are interested in creating a Living Trust in NJ. Asset=House to 2 children, Bank accounts = to 2 children. What is t

Asset=House to 2 children, Bank accounts/annuity = to 2 children. What is the process/concerns. Would like to avoid probate. Or should we create a different document?

Morris Leo Greb
Morris Leo Greb
answered on Mar 9, 2023

Firstly, probate in NJ is very simple and not complicated. I do not suggest irrevocable trusts as life is uncertain. With an irrevocable trust, the grantor (creator of the trust) loses substantial control of the assets. Thus as life's needs changes, the grantor may not be able to change the... View More

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2 Answers | Asked in Contracts for New Jersey on
Q: If I rented space in my yard to store boats and wrote a receipt without terms, is the receipt a binding contract?

I rented some space in my yard to someone to store a couple boats. He paid me $500 upfront for 2 months. I was not aware of the cost of storing a boat. I left for a couple hours and when I came back there was 5 boats, a total of 120 ft in total length and scattered all around the yard not parked... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 4, 2023

The position to take is that thee was no meeting of the minds and, thus, no contract. The worst csase scenario is that it is a month to month lease, if no term was agreed upon. So before the beginning of the next month.s term, give him written notice that the lease is terminated, Send the notice by... View More

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1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for New Jersey on
Q: Can police ticket you if you park in someone's spot at an apartment building without their consent?

I live in an apartment building across the street from a government building. People constantly park in residents spots for the apartment building and run across the street to the government building. Property Management says us residents have to call the local police department and have the cars... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 4, 2023

Two issue. The first being is whether or not the landlord has posted the appropriate signage about improper parking. The second is whether the two lease spots are included in the lease. If so, you, you are entitled to quiet enjoyment. This places a burden on the Landlord's shoulders to monitor... View More

1 Answer | Asked in Elder Law and Probate for New Jersey on
Q: Mom and I are on the mortgage & the deed to a house. I am the co-signer. She left me the house in her will.

If she has credit card debt, will they make me pay them or make me sell the house to pay them if she has no money to pay them off?

Morris Leo Greb
Morris Leo Greb
answered on Feb 26, 2023

If you did not sign the credit application for the issuance of the card you are not responsible for the debt. The credit company can sue the Estate. Whether or not, they will have a lien against the property will depend whether you were tenants in common or joint tenants with rights of... View More

1 Answer | Asked in Agricultural Law and Land Use & Zoning for New Jersey on
Q: The head of the EHT Zoning Board drove onto our neighbor's property without prior notice. She observed we have a chicken

coop. That same night at a variance hearing for the property she drove onto, she asked another neighbor if the coop she saw was his. He said no. When I testified that I was against the neighbor's variance, I said the coop was mine. We then received a notice of violation for having the coop.... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 21, 2023

A ZBOA member may not enter a person's property without permission, The applicant may have given permission as part of the application process. You did nor state whether the zoning officer has issued to you a notice of zoning violation and a demand to cure.

1 Answer | Asked in Probate and Estate Planning for New Jersey on
Q: In NJ, is it fraud to make distributions dependent on signiture not to sue if willfull misconduct is later discovered?

Executor/trustee insists he won't give anything until all beneficiaries sign a document which says they agree that the will and trust documents state that the beneficiaries have no right to an accounting. The document also states that they cannot sue for any purpose, even if facts are later... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 20, 2023

Are you referring to a release and refunding bond or another document. If a release and refunding bond, you may insist on amending the document so the release excludes waiving any rights against the executor for improper action but the refunding bond should be signed if written in the traditional... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord install a lock box on the thermostat in my apartment if it’s not stated in the lease?

I live in a 2 family house. I have reported my landlord to the board of health several times for not providing heat. He’s been fined several times which resulted in a court hearing that he failed to appear for. I’ve reported him to the police station several times for not providing heat during... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 19, 2023

The installation of the lockbox has created an even greater obligation on the landlord to maintain the appropriate heat and cooling levels. He now becomes completely responsible. Pursuant to the provision of quiet enjoyment how was the landlord able to enter your apartment? Did you give him... View More

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1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: I am the sole executor of an estate and owner. Can I evict a beneficiary staying in the home illegally without council?

The house is located in a 55 and older co-op community in Ocean County NJ. My sister-in-law (who is a 50/50 beneficiary) had until August 10th 2021 as per the bylaws of the co-op to relocate. She has refused to pay anything or leave for 2 years. She is on probation facing new charges and is... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 15, 2023

The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: what are the consequences for a landlord not filing rent registration in state or municipality?

Landlord has never filed a rent registration with the state or the city of Newark. I have been a tenant for 12+ years and have been on a month-to-month for 11+ of that time. I am now being asked to terminate my tenancy with no disclosed reasoning. Do I have any legal ground in regards to the... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 13, 2023

There is no self help in NJ. This means that in order to evict you, he must file suit in Court. If he failed to register, the Court will dismiss the case until he does register. Further if he failed to obtain a smoke detector certification and provide with a copy, he will be subject to severe... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Got letter from zoning board of adjustment for a variation of from the requirements of the zoning ordinance. Can I lose

My home?

Morris Leo Greb
Morris Leo Greb
answered on Feb 13, 2023

Based upon your question, I am assuming that you are not the applicant but own property within 200 feet of the property for which an variance application has been filed. This being so, you will not lose your home although you may be dissatisfied with the nature of the relief being sought. Check... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I be evicted for not getting my apartment exterminated.
Morris Leo Greb
Morris Leo Greb
answered on Feb 4, 2023

This depends on the terms of your lease. Does it include a provision as to the responsible party. In any event, there is no self help in NJ. Eviction proceedings must adhere to the statutory requirements and a court hearing.

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