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Questions Answered by Morris Leo Greb
1 Answer | Asked in Real Estate Law for New Jersey on
Q: After my one year lease expired , it is right , in order to stay as a month to month to pay $100 per month ?

My landlord said that in order to stay after my lease expired to sign a month to month lease and pay $100 each month if I don’t want to renew my lease again , I’m leaving here for 7 years and never hear about this new agreement ! This is a new Managment , or renew my lease and pay 500 and move... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 17, 2021

This is not a legal issue but a business decision you need to make. Either choice would be legally valid. Just make sure which ever choice you make, it is reduced to writing and signed by both you and the Landlord.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My landlord raised my rent. I never received a copy of my lease. I paid my rent in time every month. I always write

The year, month and the word rent. My checks were cashed for three months. Now I received a letter saying that I owe thousands of dollars. When they cashed my checks, they accepted my rent for that amount. Correct?

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

Depending the facts which are not disclosed, you may be considered a month to month tenant. The Landlord, upon proper notice to you, could impose a rent increase. If there were a written lease, the rent may increased if the lease provides for such increase during the lease term or increase the rent... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Municipal Law for New Jersey on
Q: What do I do if the Township's Public Health Officer has the last word but makes a mistake in judgement ?

Hopewell Township's (Mercer County, NJ) Public Health Nuisance Code contains the sentence "Wherever there is a question as to the significance of an alleged infraction or the factual existence of an alleged infraction, the prudent judgment of the health officer or other enforcing official... Read more »

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

Speak to an attorney who practices municipal law.

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Are there any reasons that I can evict my tenant during the moratorium?

She is slightly behind on her rent, but she has always caught up in the past. The problem is, her boyfriend stayed more and more during the pandemic, and now he is living there. She obtained a second dog without permission as well. Most egregious, and the reason I am fed up and want her out is that... Read more »

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

First review the procedure landlords must follow in order to evict. Check this link for a complete explanation. The Eviction Process in New Jersey: Rules for Landlords. (Copy and paste in your browser window) Also, check with the Court for the County in which your municipality is located to... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Municipal Law for New Jersey on
Q: The trade in dealership failed to turn in my plates resulting in my drivers license being suspended

Resulted in my driver's license being suspended, not being able to drive, the new car not being able to be driven, and DMV wanting to fill out forms with process times of 7-10 business days, plus cost of restoration plus daily suspension fees.

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

You have an excellent cause of action to file a civil action against the dealership to recover any damages you nhave sustained. Further, you may wish to file a criminal complaint also. However, when demanding payment for damages do not threaten filing a criminal complaint if the dealership refuses... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hi there, I have a question regarding an unsigned new lease.

The situation is as follows:

Landlord sent out a new lease to a potential tenant A and within 48 hours, decided to give it to potential tenant B. Landlord has not signed any lease with A and hasn’t taken any money from A. Property in in NJ. Is it okay to do?

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

Yes! May not be nice but it is legal.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is it legal in a real estate JV for one party to negotiate and secure a deal and the other party fund the deal?

Want to do some flip deals with a few investors my part would be mostly to find, negotiate and secure the deal Just want to make sure I am not stepping into broker territory since I am not a licensed agent.

Morris Leo Greb
Morris Leo Greb answered on Jan 9, 2021

Yes, banks do this all the time. Its called a mortgage.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for New Jersey on
Q: can i get evicted if my bf/gf is living with me and not on the lease?

rent is being paid on time. never late. New Jersey standard lease

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

Depends on the terms contained in the written lease which you signed at the beginning of your lease term. Without seeing the lease, a more definitive answer can not be given.

2 Answers | Asked in Gov & Administrative Law and Landlord - Tenant for New Jersey on
Q: I have a tentant owes 4 mths rent many times he uses the jobs checks not cleared yet and; I now when I state it doesn’t

Look like you can afford $550 a month I need the room back; he is using COVID-19 law as an excuse. And I never mentioned eviction or filed one What can I do? I real want him out mainly because of the smoking that was clearly stated on the agreement not to do. Do we as landlord have any rights with... Read more »

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

The Court strictly follows the required statutory procedure for complaints filed seeking eviction of a tenant. To avoid having a case dismissed for failure to satisfy the statutory requirements merely prolongs your problems. My best advise is you retainan attorney to represent you in this matter.

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1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: A corrupt third-party ticket company refuses to give me a refund for a canceled concert

My concert was initially postponed, then canceled several months later. During a dispute with my credit card company (goods/services not received), the third-party ticket company sent me documents/evidence that assured me that I would get a full refund if the concert got canceled. (By the way, this... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 5, 2021

You may file a complaint against the company if it was doing business in your state. Each state has different jurisdictional limits as to which court you file a complaint. Call your county court and speak to he administator's office to determine in which to file the complaint and the fees... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I be evicted from housing if I have a balance due in the New Year

My housing unit is threatening to evict me.if my balance owed isn't paid before January

Morris Leo Greb
Morris Leo Greb answered on Dec 29, 2020

Covid-19 pandemic resulted in NJ courts strictly limiting evictions. Check with your county's Legal Aid Society as to the status of eviction actions for a more definitive answer.

1 Answer | Asked in Landlord - Tenant and Small Claims for New Jersey on
Q: Can I not show up (and win) a Small Claims Court lawsuit if letter wasn’t mailed to me?

A letter to answer a “Small Claims Court” lawsuit was mailed to a family member address. My ex-landlord suing for back-rent was unable to find my new address.

As a frontline Medical Worker, I avoid visiting family members and I didn’t receive the letter til 6 weeks after it was... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 25, 2020

Don't ignore the summons. Go to Court on the appointed date to defend the law suit. If you missed the date, file a motion to set aside whatever action the Court took and request a new trial date.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How can I be sued for “back rent” when basement apt. was illegal, there was no lease, and I paid cash without receipts?

I received a “small claims court letter” that I’m being sued for $1800 back rent. Whether or not this is true, how is that possible with no lease or documentation?

Also, I guess the ex landlord couldn’t find where I live & sent letter to a family members house. I didn’t... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 25, 2020

The real issue is not whether you can sued. Anybody can file a complaint. It is up to you to vigorously defend the law suit suit in court. So be sure to attend the court hearing on the date specified in the summons you received from the Court. Some defenses to the suit is whether the purported... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I am trying to get into real estate and I want to purchase homes subject to the mortgage to avoid using a bank.

I want to know the legal aspects of doing this in terms of due on sale clause. I know another attorney who has a few ways to help avoid the clause being triggered but that attorney was not in NJ so I want to know if what this attorney is saying can apply here.

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

Whether or not the attorney to whom you have spoken can or represent you in a NJ transaction is a question only she can answer.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I have been doing a lot of research about buying a home subject to the mortgage.

I wanted to know if there are any ways to help prevent the due on sale clause.

Thank you.

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

if the existing first mortgage is a VA mortgage, a purchase "subject to" is possible. However, the Seller may wish to be relieved as a responsible party and make this a condition of sale. The other ways, depending on the exact language of the existing mortgage due upon language, are a... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I am a smoker and my lease says no smoking in the apartment. I smoke only outside now I’m getting evicted smell smoke

My lease says no smoking so I do outside. After living here for 10 months someone is now smelling cigarettes smoke. The landlord has talked to me several times and I’ve told them only outside never inside. She said if she still gets complaints she will evict me. How can I prove I’m not doing... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 18, 2020

Since, in addition to a request for an answer to you query, you also ask for advise, it would be best for you personally to stop smoking. In response to the issue of eviction, the NJ statutes set forth the requirements for an action to evict a tenant that must be followed prior to filing a... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can areal estate agent write a commercial or residential lease?
Morris Leo Greb
Morris Leo Greb answered on Dec 17, 2020

The Committee on the Unauthorized Practice of law in Opinion 35 affirmed the right of a NJ licensed real estate broker to prepare a contract for the sale of residential real estate. It further opined that a NJ licensed real estate broker may not do so for commercial property transactions.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I know a real estate agent can write a contract for a residential sale ancannot write a commercial contract for a sale.

Can they write a contract for LEASE for residential or commercial?

Morris Leo Greb
Morris Leo Greb answered on Dec 17, 2020

What is your question?

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: You can give the landlord the keys for not paying rent if there was a judgement without you being notified in nj
Morris Leo Greb
Morris Leo Greb answered on Dec 10, 2020

The question is confusing. Has the Landlord rejected your proffer of the keys. Secondly, how do you know that some sort of judgment was entered by-the court if you didn't receive notice. Please restate your situation in a clearer more understandable fashion.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: I have recived a 2a:35-1 12.4.2020 new jersey. Dose this code still apply under covid 19?
Morris Leo Greb
Morris Leo Greb answered on Dec 4, 2020

Have you been served with a complaint? If so, you have a right to file an answer and have the matter heard by a Court of competent jurisdiction. The summons attached to the complaint will explain how to file an answer. The answer can be as simple as a general denial of the allegations in the... Read more »

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