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Questions Answered by Morris Leo Greb
2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: I am trying to rent a condo. The landlord is asking me to send them a security deposit before tour or signing anything.

I have answered some basic questions such as where I work and move in date. They said they would like to rent to me but want a security deposit before mailing me everything including the paperwork and the keys. I dont want to be scammed, it just seems odd to ask for payment via zelle before these... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 5, 2023

Could be a scam. You failed to mention whether a real estate broker's services were utilized. If so, the security deposit could be paid into the Broker's trust account. Otherwise. before sending any funds, request proof such as a deed or current utility bill showing that they are the... View More

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Contracts for New Jersey on
Q: My car was hit by a stolen vehicle. Even though she left key in car, her insurance denied claim.

I own a rental car company. I rented a vehicle to a customer, she had no insurance and took my collision damage waiver, the vehicle was hit by a BMW loaner vehicle that was stolen from customer after she left the key in the car at her house. Her insurance company is covering 50% of the damage to... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 1, 2023

It will depend on the language of the release you signed when receiving partial payment. If not prevented by the terms of the release, you may sue the customer.

1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Q: Can my spouse change the structure of the deed to our co-owned home before or after we get divorced?

My spouse and I are co-owners on our house deed and we are in the process of getting a divorce. Can my spouse change the structure of our deed before or after we get a divorce from ‘Joint Tenants Rights of Survivorship’ to ‘Tenants in Common’ without my permission so that if he passed away... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 1, 2023

No

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does a tenant have to move in 30d if the landlord issues a "NOTICE TO QUIT & DEMAND FOR POSSESSION" on a M-M lease? NJ

I am living in the apartment for two years, on a month-month lease, never missed a rent payment, or had any issues with the landlord, so I was surprised to receive a "NOTICE TO QUIT & DEMAND FOR POSSESSION." It doesn't say why it was issued, only that it can be, and that I should... View More

Morris Leo Greb
Morris Leo Greb
answered on Jun 1, 2023

If you do not move out, the Landlord can not lock you out. Thee is no self help recognized by NJ Courts in residential matters The landlord must follow all statutory procedures which include filing a complaint for possession with the Court. Be sure to follow the instructions when and if you receive... View More

1 Answer | Asked in Consumer Law and Contracts for New Jersey on
Q: Am I required to pay off remainder of balance if I put a holding deposit on a used car and signed bill of sale?

I found a car I thought I liked at a used car lot, so I put a deposit on it with the intention of coming back the next day. When I got there I noticed some pretty bad frame rust that wasn’t mentioned in the listing online. I no longer want the car, however when I put the deposit down the dealer... View More

Morris Leo Greb
Morris Leo Greb
answered on May 28, 2023

Demand a refund of your deposit. If not returned, contact the State of NJ Consumer Fraud Division.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: In N J can an HOA borrow from the Capital Reserve to pay insurance premiums?
Morris Leo Greb
Morris Leo Greb
answered on May 28, 2023

It depends on the organic documents of the HOA.

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2 Answers | Asked in Civil Litigation for New Jersey on
Q: Do I need to file a response to lawsuit as defendant prior to filing change for venue for being improper in NJ?

civil - defamation in Superior Court.

court house couldn't give me a straight answer aside from change of venue is considered non responsive.

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

There are substantial procedural pratfalls in representing yourself. Speak to a civil trial attorney for best results.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord rejected last months rent payment, do I still continue to pay?

My landlord wanted me to leave my tenancy by April 30th. However it was not an eviction and I paid the rent for May and he returned the payment as rejected. He has not issued a formal eviction notice or any other communication since then. My question is do I submit rent moving forward or wait for... View More

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

Keep paying the rent. There is no self help in residential housing. Landlords can only evict by following the statutory requirements and filing a complaint with the Court. You will receive notice. Follow the instructions in the court issued document. You will have an opportunity to present your... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I tell my landlord to use my security deposit for my last month's rent?
Morris Leo Greb
Morris Leo Greb
answered on May 19, 2023

If he does he will have still have a half month's security deposit. Do not pay the rent if he told you he would use the security for rent.

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

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: do tenants pay a brokerage fee for a rental unit if he did not ask for any assistance or sign a contract for a broker?

house found on zillow. owner is also realtor. i did a virtual tour. applied, got accepted, and was told to pay a brokerage fee

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

Yes.

2 Answers | Asked in Civil Litigation and Collections for New Jersey on
Q: Can you sue a Dentist who sent you to collections even though your bill was paid?
Morris Leo Greb
Morris Leo Greb
answered on May 18, 2023

If the requirements of the Fair Debt Collection Practices Act (15 U.S.C. Sec 1692) were not followed, you have a cause of action.

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2 Answers | Asked in Contracts and Construction Law for New Jersey on
Q: Pool company sub-contracted excavation work - who damaged pavers, contract states pool company is not responsible?

Excavators, electricians, masons all have damaged our property- the pool company continues to reference the contract which states they are not responsible for any third party work, can this be possible for them not to take any responsibility?

Morris Leo Greb
Morris Leo Greb
answered on May 17, 2023

The general contractor may not waive responsibility for negligence for any of its subcontractors. Speak to an attorney about how to process a claim.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Tenant agreed to pay the rent with late fees. But he is saying that he has time until 30th. Is this true?

My Tenant consistently pays the rent late. For this month, I asked him to pay the rent with late fees. He agreed to pay the rent with late fees. But he is saying that he has time until 30th. Is this true?

Morris Leo Greb
Morris Leo Greb
answered on May 16, 2023

If payment not made within five days of due date, you have the right to file a complaint for eviction.

1 Answer | Asked in Environmental and Land Use & Zoning for New Jersey on
Q: Are these certain requirements that s town must fulfill before putting up a four way stop sign in New Jersey? L

This is a soon to be four way stop intersecting with a dead end. Traffic will soon back up to blocking my garage not to mention the pollution and noise that will be generated. They took down a tree and will greatly affect my quality of life. I don’t believe they conducted traffic studies... View More

Morris Leo Greb
Morris Leo Greb
answered on May 12, 2023

The steps necessary for matters involving street signage are governed by NJDOT. What can be done is determined by the street classification.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is it illegal for a living room to have a door?

I live in a 2 family house. My apartment has 2 bedrooms. I have 1 bedroom and my son has the 2nd bedroom. My daughter uses the living room as her room. We put a door up for her privacy. All 3 of us have lived in this house for 5 years. We are all on the lease. Both of my kids are adults.

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

As long as the door can not be locked from outside the room and everyone has access, the door can remain.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Hi when filing for small claims court do I need to submit evidence then ? Such as contract agrmt or bring only to trial

It’s for an evicted tenant who owes me unpaid rent. Thanks

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

Do both, attach a copy of the lease to the complaint as an exhibit, bring original to the trial.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Hi my evicted tenant owes 8k in unpaid rent. I’ll file for Special civil court. Is it designed like small claims ? Thxs

Meaning designed to help parties who do not have attorneys and will represent themselves. Thanks !

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

No, you must strictly adhere to Court rules. It would be best to retain the services of an attorney.

2 Answers | Asked in Banking and Collections for New Jersey on
Q: Wells Fargo is withdrawing money from my account for CC debt without my permission. Is that legal?

I tried to work with them with a debt consolidation firm a few years ago. They were the only CC that would not. I have my personal accounts and my mortgage through them. They continue to take money out of my account and refuse to work with me to set up a payment plan for repayment. I can't... View More

Morris Leo Greb
Morris Leo Greb
answered on May 3, 2023

In order for the withdrawals to be made there must either be a provision in the loan agreement or a suit was filed for which a judgment was obtained to collect the debt.

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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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