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Questions Answered by Morris Leo Greb
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hi I am planning to buy the house and made an offer.If everything goes well I may need to break the lease.

I need to know what are the best options to minimize the loss for breaking the lease.I do informed 2months before.I may vacate by end of December

Morris Leo Greb
Morris Leo Greb answered on Oct 30, 2020

There is no ‘break the lease’ methods that are favorable to the tenant. You may negotiate with the landlord for an early termination but any agreement may include forgoing of a part or all of your security deposit, if any. If you leave without an agreement with the landlotd, you will be... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: If a month to month lease is over can I tell a tenant to leave during covid in NJ ?
Morris Leo Greb
Morris Leo Greb answered on Oct 27, 2020

You should send the tenant a notice the lease period ends at the end of the next month at least thirty days prior the end of the lease term. For the notice to be effective for November 30th, the tenant should receive notice on or before October 1st. If you wish, you may advise the tenant that the... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How can I get people out of our property that are there illegally.

Recently we denied a potential tenant because they did not have proof of income, rent payment and a security deposit. They picked the lock to the unit and moved in. We told them to leave and they are saying they are going to stay because covid19 allows people to stay without paying rent. We are... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 26, 2020

Firstly, always remember that New Jersey Courts do not permit self help. If the facts as you state then are accurate then the persons occupying the premises are not tenants. They are trespassers. Go your municipal police station and sign a complaint for trespass. Also go to your municipal And... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Are landlords required to accept more than 1 form of payment in NJ? My landlord said I have to pay with a money order.

I paid the deposit with a cashiers check and now they are telling me I have to pay the first months rent with a money order. Are they allowed to do this? Can't I pay with a cashier's check again?

Morris Leo Greb
Morris Leo Greb answered on Oct 23, 2020

Unless, the lease specifies the method of payment, any form of good funds are acceptable forms of payment. You can also pay by wire transfer directly into the landlord's account. Cash is also legal tender for all debts public and private.

2 Answers | Asked in Cannabis & Marijuana Law and Real Estate Law for New Jersey on
Q: Can the state seize my home if it is considered a grow house for marijuana.

This is hypothetical and I pondered this question from watching YouTube videos about drug busts

Morris Leo Greb
Morris Leo Greb answered on Oct 22, 2020

A simple hypothetical answer to your

inquiry, the house is at risk for seizure.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What happens when I receive a Notice to Quit
Morris Leo Greb
Morris Leo Greb answered on Oct 21, 2020

Address the issue raised. There are a very limited statutory reasons permitting a Landlord to serve a notice to quit. Some of the permitted reasons require a Notice to Cease with sets forth the issue and the time period during the deficiency must be cured. There is no self help permitted in NJ. All... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: I’ve been harassed by the landlord Constantly. He rang my bell at 12 AM & another night at 3 AM, & banged on door to

What can I do about this. I know there’s a moratorium in force Until January 2021 that no one can be evicted. Banged on door to close Windows early in the morning

Morris Leo Greb
Morris Leo Greb answered on Oct 20, 2020

As a tenant you have the right to expect quiet enjoyment. This means that no one, including the landlord, can harass you. Send the L.L. a letter, demand he cease his harassment. Deliver it personally with a friend or certified first class maik; if it were to continue, go to you local police... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My lease ends this month. And want to move out. Ll is stating we have to give 30 days notice but was previously ok with

3 weeks notice aprtment has mice and we have a 2 yr old daughter can I fight this

Morris Leo Greb
Morris Leo Greb answered on Oct 16, 2020

Is it a written lease or oral. If written, check to see if there is any language concerning requirement to give 30 notice to terminate. Generally if you overstay beyond the termination date, the lease is automatically renewed on the same terms. So be sure you completely vacated on or before the... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: Judgement lien for cigarette tax for NJ for online ordering.

Years ago I ordered cigarettes online without realizing they were so cheap because tax wasn't charged. My housemate and I are both on deed and both listed as single with right of survivorship. We have never been married and are not in romantic relationship. It is my understanding we both are... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 16, 2020

The rule is that a judgment is valid for a period of 20 years. However, a judgment creditor may apply to the court to have the judgment extended for an additional 20 year period. When a judgment is docketed, it becomes a lien against all property the judgment debtor owns at the time the the... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: multi unit-individually metered privately owned property. Can owner assume control of utility w/o master meter at will?

nj property

Morris Leo Greb
Morris Leo Greb answered on Oct 15, 2020

I previously answered this question. Please review your records to confirm.

M.L.Greb, Esq

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Washer leaking, which causes flooding in apartment. Reported to landlord weeks ago. Landlord dismisses emails and calls.

My washer is in a shallow closet in the open area of my loft apartment. When it leaks, water goes under the door and out into the living area. I have slipped on water twice, and a guest of my almost broke her ankle when she slipped. I placed a towel at the door, but that does nothing to stop the... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 13, 2020

Firstly, you may rest assured that whatever appropriate action you may decide to take, the landlord cannot resort to self help.

My suggest is to do the following.

1) Start and maintain a log of the dates and times of the flooding occurrences. Keep a record of expenses you've...
Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My tenant moved in a friend who is not on the lease in New Jersey how much can I raise the rent for the extra person ?
Morris Leo Greb
Morris Leo Greb answered on Oct 10, 2020

Firstly, is a written lease? If so, does the lease specify the number of occupants? Without knowing if thee is a written oral lease, no definitive answer can be give, Also, remember the Court frowns on self-help. Also necessary to know whether it is a studio apartment or an apartment with one or... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: What do I have to do to "evict" unwanted house guests who pay no rent and are being obnoxious.

It is a second home I own in NJ. I reside there part time. One has resided there for 2 years and the other for 10 months. I want them to leave as soon as possible.

Morris Leo Greb
Morris Leo Greb answered on Oct 9, 2020

With the current status of the Court in compliance Governor's Executive order quickness is not the word of the day. Deliver, with another disinterested person as a witness, a personal notice to the occupants that because the attached list of violations they must vacate by date certain. If they... Read more »

2 Answers | Asked in Contracts, Criminal Law, Real Estate Law and Legal Malpractice for New Jersey on
Q: Can a member of a NJ LLC without an operating agreement authorize the sale of real estate without consent ?

A member (35%) ownership wanted to sell an income producing property. The member gave power of atty to their son who put the property on the market with a licensed real estate agent. The other members each owning 34.5 % each (65% total) were opposed. There wan never a meeting in person or over... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 9, 2020

Without reviewing all the organic documents, it is impossible to give an answer that is specific to your problem. Generally, all acts of the LLC must conform to the the basic agreement which defines the powers granted and the voting requirements to carry out certain activities. Do any of the... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: can PropMgmt comp assume control of utilitymeters on the property if they are already independently metered .?

currentl tenants have utility responsibility and there is no Master meter that reads the whole property. Tenants are directly billed and the landlord has no current responsibility with the utility in that regard. Can they legally assume the responsibility without consent from the tenant as well as... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 6, 2020

As is true with most question concerning commonly owned property such as condominiums and cooperatives, it is important to read the organic documents to determine what powers were given to Board of Directors. Generally, changes in the duties of owners and the power of the Boar to affect those... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a nj non profit sell it’s property and divide the profit among members
Morris Leo Greb
Morris Leo Greb answered on Oct 5, 2020

Without a careful reading of the the non-profit's organic documents, it is not possible to give a specific answer. I suggest firstly that you pose the query to the accountant who does the financial review. My general response is that all proceeds received, no matter how generated, after normal... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can the landlord put a boot on your vehicle if you haven’t paid your rent in full?

My rent is 1400 a month I’ve currently only paid 970 for this month. Because I didn’t pay it in full my landlord is threatening to put a boot on my vehicle. Is he allowed to do so. Nothing was put in the lease that he could do that and he wants to charge an additional hundred dollars to get it... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 27, 2020

First and foremost, in NJ, self help is not permitted. Secondly, without a Court order, no one can take nor deprive you of your property. If the Landlord will not voluntarily remove the illegal boot immediately, file a criminal complaint against the Landlord by going to your municipal police... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What NJ statute states a landlord cannot change a lease without the tenants agreement, initials or signature?

They added an end date, when it says for a minimum of 3 months for length of lease. Now she refuses rent, and it was from the state auto deposited with her approval. She contacted them, not me and stated she refuses any more rent. Help, she claims I'm cauding irreparable harm, an OTSC was... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 26, 2020

No written document can be changed by one party after both have signed. Further, self-help is illegal in New Jersey. In addition, when you rented your apartment did the Landlord obtain a Certificate of Habitability from the town? Did you pay a security deposit? If so, were you provided with the... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hi, I am an officer of our condo association. The units are at the seashore and not winterized.

One owner is selling his unit as "year-round". Does the Association have a fiduciary duty to disclose this misrepresentation to the realtor or buyer? Can the Association be held liable if it does not? The building was originally sold as year-round, but that was a fraudulent... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 21, 2020

All my answers are based on NJ statutes and case law. I am not familiar with PA law. So assuming the development were in NJ, I would answer as follows.

There would be no obligation for the Association to review every ad with Seller's puffing in it. I would assume you are referring to a...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I have a signed contract To a property I am purchasing. The renter is refusing to let anyone in to inspect/appraise.

What are my rights with a binding contract? There is no lease. Renter wants to purchase but has bad credit and no money. She is claiming she is not healthy to look for another place yet is out and about.

Morris Leo Greb
Morris Leo Greb answered on Sep 16, 2020

An very interesting situation! Is there a written lease between the the seller and the reluctant tenant? The lease may contain language concerning the Landlord's right to inspect the premises. If not, the Landlord/Seller must take affirmative steps to make it possible for you to inspect,... Read more »

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