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Questions Answered by Morris Leo Greb
1 Answer | Asked in Car Accidents, Contracts and Insurance Bad Faith for New Jersey on
Q: I bought a used car with Gap insurance included in contract from Demaio Holdings 1, and a day later, was totaled

The dealership will not provide me with info on who to file a gap coverage claim with. The car was paid off by my insurance company but for $2k.

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

Retain an attorney to represent you both with demanding documentation, proof that dealer forwarded premium to the carrier, and to determine whether dealer is an unlicensed vendor of insurance.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Booklet that I have from my realtor that you pay only half of the NJ realty transfer fee if you are low to mod. Income?
Morris Leo Greb
Morris Leo Greb answered on Apr 2, 2021

There are specified exemptions provided in the NJ Realty Transfer Tax.

NJ Division of Taxation - NJ Realty Transfer Fees - NJ.gov

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My stepfather has property in Puerto Rico and he's looking to sell, what are the first steps we need to take. I live US

We live in the United States, in the state of New Jersey. We need an attorney who can represent my dad in the closing of the house and he also needs to get copies of the deed from the house. I have a power of attorney letter in the state of New Jersey and would like to know if it's valid in... Read more »

Morris Leo Greb
Morris Leo Greb answered on Apr 2, 2021

Call the NJ Bar Association and request the names of several NJ attorneys who are also admitted to the bar of Puerto Rico.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is this rent increase of 7.8% legal according to NJ Law? To whom do I address first to stop it before 5/1/21 deadline

My lease ends 6/30/21. I just received my renewal form from my complex with a $58 increase. I've been here 6 years rent has never been late, and never had complaints on me. The increase has always been 20/year until 2020 when they felt in the middle of Covid it was ok to raise it to 35/year... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 24, 2021

The answer depends upon whether or not the municipality in which you reside has some sort of rent stabilization or rent control ordinanc. I suggest you call legal aid in the county where you reside to discuss the issues.,

1 Answer | Asked in Real Estate Law and Small Claims for New Jersey on
Q: How do I claim solar panels that were illegally placed on my roof in 2016 without permission while I was on vacation?
Morris Leo Greb
Morris Leo Greb answered on Mar 19, 2021

Outside of a written demand, your only recourse is to file suit. IHowever, it is my opinion that filing suit will be fruitless.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My tenant thinks its unfair cause her lease she is responsible for snow/water/sewer. Upstairs tenant pays $75 per month

Clarify only 1/2 sewer and water Bill. Othe tenant pays $75 more per a month. She also received a 2 year lease and have not raised her rent since I’ve acquired the unit 3 years ago. Units are same size with same number of occupants. She said any increase would make it unaffordable so that is... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 16, 2021

Until the current lease expires, the only changes that can made as to the rent charges are those which are specifically provided for in the lease. When the new lease is presented add to the rent to paid be sure to include a provision that the tenant is responsible for one half of the water charges... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I'm high risk and my landlord refuses to show a video and texts weekly to ask to show the apartment. I need my safety.

I pay my rent faithfully but he keeps asking to show it at my convenience but at what cost do I have to keep putting my family at risk.

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

In NJ, every lease, whether oral or written, provides quiet enjoyment for the tenant. This means that, except in cases of emergency, no one is allowed in without your permission. The exception to this rule is if the lease provides that he has the right to show the apartment but such right is... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Hi I am in NJ and am looking to purchase a 2family. There is currently a non paying tenant. If I have in my contract

that house has to be delivered vacant would I be successful since the laws are different because of Covid?

Thank You

Morris Leo Greb
Morris Leo Greb answered on Mar 11, 2021

This is a complex issue beyond the scope of a response on Justia. Speak to the attorney whois representing you in this transaction rather than rely on free advise.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: As a paying tenant in NJ, do I have to allow strangers in my home for showings of my apartment during the pandemic?

To add - I am currently on a month-to-month lease while actively searching for a new home to purchase (first time). I have been "reasonable" with my landlord in showing the unit, but I feel that they are intruding more than is absolutely essential. What are my rights in this situation?

Morris Leo Greb
Morris Leo Greb answered on Mar 11, 2021

All leases in NJ whether written or oral, are deemed to have included the right of the tenant to quiet enjoyment. This means, among other things, that no one has a right to enter your premises without your permission. The exception to this is the right of the landlord to enter in case of an... Read more »

3 Answers | Asked in Contracts for New Jersey on
Q: Can I try to repudiate a contract that I signed when I was 18. I did not understand the significance of the decision.

I’m in a program at my university for teaching. When I was 18, they gave me a scholarship and told me that if I finished my degree and taught for two years, I wouldn’t need to pay them back. Now, I’m in my last year and no longer love teaching. I dislike that I did not understand how... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 7, 2021

One can always attempt to change the terms of a contract by mutual agreement. If the other side doesn't agree, one remains bound by the terms. The aggrieved party has the right to take whatever legal steps available to seek enforce or to recover damages or to forego taking any action.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What is the notice of entry in a 2 unit apartment in new jersey

Can my landlord's property manager enter my apartment using the landlord's key without my permission for refinancing and routine maintenance check. She sent me an email 24hrs prior telling me she will be doing maintenance btw 2pm and 4pm , and that she has every right to use the... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 4, 2021

Previously just answered.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Hello, Can my landlord's property manager enter my apartment using the landlord's key without my permission

Can my landlord's property manager enter my apartment using the landlord's key without my permission for refinancing and routine maintenance check. She sent me an email 24hrs prior telling me she will be doing maintenance btw 2pm and 4pm , and that she has every right to use the... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 4, 2021

You, as a tenant, are entitled to quiet enjoyment. No one can enter your lease premises without your permission except in two very narrow situations. These two are immediate entry is required because of some emergency that requires immediate attention or pursuant to a Court ordered warrant.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Hello, its been two months. How do I get the seller to sign our request to cancel/void the real estate contract?

The seller failed to meet the request for repairs or reply within the inspection period. VA requires a specific timeframe to process before appraisal. The seller never replied or responded to any calls or emails. The closing date in our contract has since passed. The contract stipulates to complete... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 3, 2021

This is a very complex issue when both sides to a contract can not agree to the proper disbursement of the deposit paid. I would like to believe that the deposit is in the trust account of an attorney. It may well be that litigation will ensue to make a final determination Since the attorney that... Read more »

1 Answer | Asked in Landlord - Tenant and Identity Theft for New Jersey on
Q: Hello. I receive ssd benefits. I am.60. My disability is mental. New landlord got my social security number(theft?)

My former landlord harrassed me tried to evict me. New owner is harrassing me got my ss number and dl number. Kept harrassing me. Did nit even contact other tenants. Singled me out. Im scared this is identity theft. What do i do?

Morris Leo Greb
Morris Leo Greb answered on Mar 2, 2021

I believe that the first step should be to notify Social Security Administration that the ID number has been breached, Further, advise SSA that you believe the number is being used without your permission, most likely for improper or illegal purposes.

If you believe the information was...
Read more »

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Are protections afforded developers against ordinance changes in effect upon Site Plan application or Approval?

I have been told that once a developer submits a site plan application they are protected from local ordinance changes or state regulation changes. I read the NJ Municipal Land Use Law as affording such protections only after an applicant receives Preliminary Site Plan approval.

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

Generally, the protection is from approval. Often the approvals contain a provision limiting the length of time for protection.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My uncle gave his parents money to buy a house. They passed away my mother lived in it until she passed away 12/2018.

My uncle want to become the sole owner of house. He has two other brothers who are not interested in the property.

The house is located in Vega Alta, Puerto Rico.

What steps do he have to take in order to put the house in his name?

Please help, everyone I ask say I need a... Read more »

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

As the property in question is located in Puerto Rico, the answers to any questions concerning the property will be decided in accordance with the laws of Puerto Rico and not in accordance with NJ law. If the question is whether the giving of money was a valid gift and related questions a NJ... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Buying house from landlord with roommate refusing to leave

..

Morris Leo Greb
Morris Leo Greb answered on Feb 12, 2021

Yes, there is a procedure for removing a month to month tenant when a house is sold to a purchaser intending to occupy the premises. If there is a written lease the prospective purchaser will take title subject to the terms of the lease. Self help is frowned upon by the Courts of NJ. Statutory... Read more »

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Is insurers use of an auto insurance policy premium derived from an unknown higher premium permitted by law?
Morris Leo Greb
Morris Leo Greb answered on Feb 12, 2021

It will depend on what the original insurance carrier disclosure statements say.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can I be discharged from a zero interest promissory note hat is unsecured and failed to disclose any risks involved
Morris Leo Greb
Morris Leo Greb answered on Feb 10, 2021

If there is any false information submitted to a lender in procuring a loan, the lender can accelerate the maturity date so that the entire outstanding balance is immediately due and payable.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Partner is residential real property has not paid their share of taxes or upkeep for a year - what are my options?

I co-own a residential home with my ex wife who has ceased contributing her share of property taxes and repairs and maintenance despite several pleas. I am going into serious debt because of this. I have offered to buy her out but she refuses to sell. I want to know if I can force her to execute... Read more »

Morris Leo Greb
Morris Leo Greb answered on Feb 10, 2021

Your recourse is to file suit to compel your ex-wife to pay her share or have her interest diminished by an amount equal to the share of costs she is not paying. The issue for you is whether her obligation to pay is part of the judgment of divorce which means that you would need to file a motion to... Read more »

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