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Questions Answered by Peter A. Michael
1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Jersey on
Q: What if the apartment the tenant is residing in is an illegal conversion and has proof

I live in an illegal conversion and my landlord wants to evict us cause I got into an argument with him cause hes not turning on heat and my wife is pregant

Peter A. Michael
Peter A. Michael answered on Feb 7, 2020

If you are living in a legal apartment, then you may be entitled to reallocation fees. In the state of New Jersey reallocation fees are your monthly rent times 6. I highly recommend you consult with an attorney trained in the area of landlord tenant. My office offers a free no obligation... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: Asking for help for ticket 39:4-57 (Failure to comply) at Newark airport

I went to Newark airport at midnight several days ago to pickup my wife and 7-year old son. I stop at passenger pickup zone 1 and walk around my my to find where my wife is. I stayed there for less then one minute and then a female policeman came and asked me to leave. So I drove away and plan to... Read more »

Peter A. Michael
Peter A. Michael answered on Dec 26, 2019

You must defiantly should consult with an attorney. The ticket you have been issued carries not only fines but 2 motor vehicle points being assessed to your Drivers Licenses. An assessment of points may cause your insurance premiums to increase. My office has a free no obligation consultation for... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: new homeowner, should i get a realtor to execute a lease or execute on my own for tenant? Help

first time homeowner in essex county

Peter A. Michael
Peter A. Michael answered on Dec 17, 2019

I would not get a realtor to help you draft a good lease for your new rental property. It is in my opinion that you consult with a qualified attorney whom has experience with Landlord-Tenant issues, so they may draft you a lease that is good for your needs! Best of luck!

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord deduct unreasonable security deposit?

Hi, I rented a small townhouse for an year and paid one and half month security deposit.

- Landlord did not provide any details on where the security is deposited.

- After my lease end did not refund the deposit or provide a list of damages within 30 days

- On 31st day sent... Read more »

Peter A. Michael
Peter A. Michael answered on Sep 27, 2019

Yes you can take your landlord to court for his lack of returning a security deposit. If you can contesting the fact of damages to your apartment, that is something for a judge to decide. The standard for damages in an apartment is "damages beyond reasonable wear and tear". It sounds as... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does my roommate owe me for utilities during time apartment rented even though she was hardly ever there?

My roommate doesn't want to pay utilities she owes me for June and July. I am on the lease (she is not) however we had an agreement (via text and oral) that we would keep the apartment for another year until the end of August. We also agreed to split utilities 3 ways (me, her and another... Read more »

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

If you have proof of your agreement with respect to the utilities, you can take your roommate to court for the amount that she owes. If the amount if insignificant, then it is up to you to conduct a cost-benefit analysis on whether it is worth it for you to hire and attorney and pay the court fees... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If I pay back the money owed to my landlord does it void the cease letter

My landlord gave us a cease letter approximately three weeks ago we paid him some money to bring down our debt and now he’s trying to say that because they gave us the cease letter he can evict us whenever he wants is this true

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

That is not true. Your landlord cannot evict you without first bringing you to court on a summons and complaint for non-payment of rent. At the day of court which is the trial date, your back due rent amount is due.If you are unable to pay the whole amount, your landlord has the option of entering... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My tenant that hasn't paid the rent for the last month of his lease. What type of notice do I send him?

I have already sent him a Notice to Cease 2/12/19 & a Notice of Non-Renewal on 8/16/19. I am concerned that if i send him a 30 Day Notice to Quit the whole process will take an additional month and a half to remove him from the property.

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

Has your tenant moved out of the property?

For a non-payment of rent issue, you do not have to wait. The state of New Jersey does not require legal notice or an allotted time period of waiting prior to filing a summons and complaint with the NJ Courts for Non-Payment of rent. If your...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How long do I have to wait as the landlord to file eviction papers when they stop paying rent in NJ?
Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

You do not have to wait. The state of New Jersey does not require legal notice or an allotted time period of waiting prior to filing a summons and complaint with the NJ Courts for Non-Payment of rent. My firm offers a free in office consultation for your case. Feel free to contact me at anytime!

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Tenant refused me to get in for inspecting the apartment. He reported to Housing dept without reaching out to me first.

There are 4 items and all minors according to Housing. But, she refused my multiple requests, and demanding that I have to have a licensed plumber first in order to get in. I told her that I need to understand and assess the damages first, also based on Lease, I have the right to get in for the... Read more »

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

My recommendation is sending a demand letter to enter into the house at a proposed time. But since you are dealing with a time crunch, you may have to send your tenant the appropriate notice and then file a summons and complaint in court. This way we can appear in front of a judge and have a... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What can I do about my landlord filing an eviction as retaliation

I've been with my current landlord since Jan 19, in April I discovered a bedbug, my apartment was above a filthy store. I was moved into another one of his multi dwelling units due to the situation, after needing to throw away all of my belongings. After moving into new unit my 7 year olds... Read more »

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

It sounds that you have habitability issues with your apartment. Habitability issues are protected under NJ law. The day of court for your eviction matter, you or your attorney can explain the conditions of the apartment. If there is any back due rent, you will have to deposit that rent with the... Read more »

1 Answer | Asked in Traffic Tickets and International Law for New Jersey on
Q: Dear sir/madam I am a diplomat, with a diplomatic passport. I was pulled over by a cop in NJ for illegal lane change.

I was driving a rental vehicle from Thrifty, in NJ , which the policeman that stopped me found to be uninsured and with expired registration .I thus received a total of 3 tickets .I was told by my colleagues that being a visiting diplomat, I am immune from prosecution and need ONLY respond to the... Read more »

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

You are not immune from prosecution just yet. You will need to appear in court and attempt to resolve this summons. Since the car was a rental, the rental service should be able to provide you proof of insurance and registration of the vehicle. This evidence may be shown to the municipal court... Read more »

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