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New Jersey Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: In New Jersey, how late am I required to grant access to my rental home for electrical worker sent by landlord?

I just arrived home from vacation to be told by maintenance manager that I have workers coming tonight 5-8 pm to work on my electrical box in my bedroom.

Morris Leo Greb
Morris Leo Greb
answered on Jun 6, 2023

Depends on the nature of the repair. Normal matters would require access during usual working hours. If an emergency repair, access would depend on the need for immediate action ,

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: NJ Landlord/Tenant: Landlord adding extra "attorneys fees" after court agreement has been settled. Is this legal??

There were no stipulations in the court agreement about any additional fees to be added later.

Morris Leo Greb
Morris Leo Greb
answered on Jun 6, 2023

This is not permitted. You may file a fee arbitration matter concerning this.

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

Matthew Schutz
Matthew Schutz
answered on Jun 5, 2023

Frankly I would question the requirement. Generally speaking you don't give a security deposit, until after you sign on the dotted line. I would not deal with this fellow.

If you choose to deal with them, then if there is a real estate agent involved, have him ask for the money and if...
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1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for New Jersey on
Q: My wife and I want to purchase a home but won't be able to afford it unless we stop paying rent and pay down debt

My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years... View More

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 Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can other types of assets (i.e., equipment, other physical property) also be included in a residential lease?

Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets... View More

Matthew Schutz
Matthew Schutz
answered on May 25, 2023

Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.

I would also include...
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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.

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 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: My landlord wants myself to vacate by next month, gave a text message notice last wk. What are my options?

My property manager reached out to myself towards the end of March saying that my landlord wants a lease by June and that they wanted a rent increase in the same month, this was all through text message too. I’ve been scrambling to try and move out in this short amount of time but the lease was... View More

Matthew Schutz
Matthew Schutz
answered on May 10, 2023

The property you live in the subject to the Anti-Eviction Act. Under the act the landlord must have a recognized cause to evict. There are roughly 20 different grounds in the act. The act also provides that if the lease has expired the tenant to continue to live on as a month-to-month tenant under... View More

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 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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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Do I still have to pay rent during an eviction process?

I am fully paid on rent and my landlord wants to take possession of my unit. Do I still have to pay rent during the eviction process pending a hearing?

Morris Leo Greb
Morris Leo Greb
answered on May 2, 2023

Yes

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does an eviction complaint that was resolved before going to court stay on your public record?

I withheld rent for habitability issue and the landlord filed an eviction complaint for nonpayment of rent, then fixed the issue and rent was released. She accepted the rent and withdrew the complaint. Based on this is the eviction filing still open to the public? This could be a barrier if I were... View More

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

A order should be docketed that the matter was dismissed.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can landlord cut off communication with tenant and say contact my attorney without anything in writing from attorney?

My landlord filed for eviction. I'm currently waiting for a court date. My heat stopped working. I texted him to tell him. He said contact his attorney and never to contact him again. He then said from here on out to only contact his attorney with any questions about anything. I haven't... View More

Matthew Schutz
Matthew Schutz
answered on Apr 21, 2023

I guess the first question is where you be evicted for? Is it nonpayment? If it is you can raise the habitability issue. To do that you need to have the money owed available to post with the clerk of court. You would raise that issue at trial. As far as lack of communication is concerned, do you... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: As per N.J.S.A. 46:8-50, my landlord and his realtor never notified me I was moving into a FEMA AE flood zone with SPHA

I believe the law was enacted in 2009. It has flooded at least 3 times, the first 2 times I was not at home when it flooded. The last time in 2021 I lost my car and the rest of the residents of this 4 family lost a total of 5 cars (plus 1 earlier in the 2000s with the 2nd flood,) Since we did... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2023

There are some exceptions to that rule. It does not apply to premises with 1 or 2 units (or 3 units if it's also owner-occupied), hotels, motels, or other guest houses serving transient or seasonal guests. (See below).

If yours is not an exception, you should reach out to a local...
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