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Questions Answered by Morris Leo Greb
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: NJ location- month to month tenant; applied security deposit to rent due to LL failure to provide proper notice.

Was successful in court. Question is, as long as I am a tenant can LL ever require a security deposit?

Morris Leo Greb
Morris Leo Greb answered on Sep 23, 2021

No!

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: What do I have to pay in Capital Gains taxes in NJ on a home sold as part of an estate - $310k

Sold my inlaws home after death for $310k. What taxes need to be paid on it to NJ?

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

The question is incomplete. You failed to give the basis. In any event this is a question best asked of a CPA.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How do I change my house from commercial to residential?
Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2021

Check with the Building Inspector of the municipality if the zoning permits residential use in the zone. Check to see if the building complies with building code requirements for residential use.

3 Answers | Asked in Estate Planning for New Jersey on
Q: Can a plaintiff lawyer enter the premises without my knowledge as I am the executor of an estate.

I am the executor of my grandmother estate. My uncle hired a lawyer because he wants ownership of her home. His lawyer drew up documents towards me for court at which I also put in a court order as well. The question is, who gave that attorney permission to enter in the premises without my... Read more »

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

In order to enter any premises, a person must either obtain permission from the occupant or a warrant isuued by a court.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: how do we go about collecting the remainder of a security deposit from a former landlord, its been about 2 years.

the landlord still owes about $1300, claiming that he had the apartment cleaned several times to alleviate a smell. granted we had 3 dogs with us at the time but no accidents took place inside of the apartment. but there was a smell and it was an oily smell coming from the garage below the apt.... Read more »

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

File a lawsuit.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Apt complex has just been sold and now have new landlord. We signed lease with old landlord. May I end lease & leave

We have been dealing with unanswered complaints about dangerous conditions on grounds. Mother was recently injured due to this dangerous condition. Would like to find safe place to live.

Morris Leo Greb
Morris Leo Greb answered on Aug 26, 2021

The existing lease is assumed by the new buyer. Thus it continues until the end date specified in the lease.

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: mom's will states that house goes to son and adjacent property to daughter but house and property are not subdivided.

if no subdivision is done, and son agrees to pay sister in future when property is sold, what legal/tax issues does sister need to be aware of now or in the future?

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

Divisions of property which is the result of probate are exempt rom subdivision laws but not zoning laws.

1 Answer | Asked in Probate for New Jersey on
Q: Executor rights

As executor of my fathers estate, would a judge force me to sign off for his medical records to be released to his wife? I don’t want to sign but I don’t know if I have a leg to stand on.

Morris Leo Greb
Morris Leo Greb answered on Aug 19, 2021

The answer depends on all the facts involved, none of which are disclosed. My best suggestion is to speak to an attorney if you have not already retained one.

1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: What can I do if the seller refuses to sign the release of my escrow funds? Am I able to sue for more than my deposit?

I had issues with the house, which the seller advised he will fix. He never signed the addendum but advised he will fix it through email. At walk through days prior to closing, the items requested were not fixed, and he was unable to provide a CO. He requested to close still which I refused and... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 19, 2021

You raise a number of difficult, technical issues. Were you represented by an attorney when you executed the contract ? If so, contact her to discuss your problems. If you were unrepresented was this because of yoor broker's recommendation? Immediately contact an attorney to discuss your... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Are there any lawyers that handle landlord tenant/abuse cases pro Bono in Salem New Jersey
Morris Leo Greb
Morris Leo Greb answered on Aug 18, 2021

Call Legal Aid in the County in which you reside.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I’ve been recently illegally evicted had my belongings stolen and a fraudulent restraining the judge superseded

The defendant my landlord has illegally entered my room along with the her boyfriend/tenant and robbed me leaving me homeless and a major hardship in my life looking for a pro Bono lawyer

Morris Leo Greb
Morris Leo Greb answered on Aug 18, 2021

Call legal Aid in the County in which you reside for this information.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New Jersey on
Q: my friend home is in atlanta,GA can our family stay his home legally for address proof. So that my son can go school
Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

You did not define the word 'stay'. If you mea=n reside full time. Then your son is able to attend school in the municipality in which the home is located. You will need to provide the necessary proofs to the Board of Education of the municipality such as written lease, proof of payment... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Listing house with ex-bf looking at estimate closing cost doc HVAC payoff amount is coming out of the sale of the house

Should that come out of both of our profits if he bought the HVAC afterwards and the loan is only in his name?

Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

HVAC is a fixture and thus a permenant attachment to the building. Thus the payment should be made from the proceeds of the sale unless there is a wrtten agreement to the contrary.

1 Answer | Asked in Estate Planning and Tax Law for New Jersey on
Q: My father passed away in July 2018 with a will, leaving my mother as executor. My mother then passed away in December…

She had a will which left me, as their only child, to be executor and recipient of everything she and my father owned. I have taken care of everything including taxes. My father had a pending court case of sorts and it appears he will receive funds as a result which I am told will go to his estate.... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

Speak to a CPA!

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My friend is living in atlanta,GA i want to move to his house and stay for 6 month without rent is it legal

My son want to go to school from my friend house but it's not rental property

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

If your friends permits you to occupy his home that he owns and nit pay rent, you may do so. If he is a tenant and an owner of the home, there may be problems. If you do occupy your friend's home, it would be wise to get an agreement in writing.

The school issue is separate and...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I handle a landlord that is unresponsive and not doing my service requests?

I am having an issue with my current landlord. There has been water damage in my apartment for over a year now, in 2+ rooms. I have been communicating with the landlord since last year on how to get this issue resolved, little-to-no response from them. As a result of the water damage, I have an... Read more »

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

Notify, landlord both by certified mail, return receipt requested, and orally in the presence of a third party, that until the repairs are made, the monthly rent will be placed in an escrow account until all requested services are completed. Open an account at a convenient bank, make timely... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I rented a condo for 6 yrs and paid a 2,400 security deposit, the landlord has not returned anything. what should I do?

Location: NJ

City: Bridgewater

My landlord told me that he had to replace the carpet and the shelving in the kitchen. Since I had rented the condo for 6 years and the carpet was 1 and a 1/2 year old when I moved in, how do I get my money back? I was expecting atleast half the... Read more »

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

Retain an attorney to file suit. If you win you will receive double your money and more importantly, the Landl ord will be charged with paying your attorney fees. NJ Courts are very strict about enforcing tenant security laws.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My lease is up 9/30/2021. Notified landlord regarding habitability issues. Withheld l months rent. He started evictio

He started eviction proceedings against me. Can he evict me? Never had proper heating or cooling system that worked. I have on-going certified documentation requesting repairs of heating and cooling system. As a response, he is summoning me to court for non-payment of rent.

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

Make sure you attend the court hearing and be prepared to pay the rent you've withheld. At the Court hearing prior to go before the judge there will most likely be a mediation. Tell the mediator about the problems. Also be sure to ask the town whether the apartment has been listed as required... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Security deposit on an owner occupied 2 unit rental apartment

Hello, my lease ended on 30th june and sent several text to my landlord for my security deposit of 3900. She sent an email on 1st aug that i will get a refund of only 1286 stating she painted the house and made. I the house was in good condition as i only lived there for a year, the only that was... Read more »

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

If the amount is less than $3000, file a complaint in small claims court.

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