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New Jersey Real Estate Law Questions & Answers
0 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Landlord entered my apartment without notice while I was in the shower. Is this entry illegal?

I have been a tenant in my current apartment for six years, with my lease requiring 24-hour notice before entry, except in emergencies. Recently, my landlord entered my apartment without notice or permission while I was in the shower. He did this because he claimed that my Ring camera mounted on... View More

0 Answers | Asked in Tax Law and Real Estate Law for New Jersey on
Q: What does removed taxation board judgment mean?

In 2021, I received a judgment from the taxation board regarding the assessment of my property. Recently, the tax assessor informed me that this judgment has been removed. There was no explanation provided, and there are no pending appeals or disputes related to this assessment. What does it mean... View More

1 Answer | Asked in Gov & Administrative Law and Real Estate Law for New Jersey on
Q: Is it legal for an HOA in NJ to increase membership fees from $2500 to $5000?

The HOA in my community in New Jersey increased the membership fee from $2,500 to $5,000. They provided notice and the change was voted on and approved in a meeting. Is this legal?

Leonard R. Boyer
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answered on Apr 3, 2025

Without having an experienced civil litigation attorney review the by-laws, it cannot be determined conclusively. You should expect to pay for one hour of attorney time. I advise all my clients to NEVER buy any property with an HOA, condo or coop board. They are frequently either corrupt, or engage... View More

0 Answers | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Need help with daycare zoning application in NJ

I am planning to operate a daycare and need zoning approval. I would like assistance with both the preparation and submission of the zoning application. I am aware of the zoning classification for the intended location but need guidance on specific requirements and restrictions for daycare centers... View More

0 Answers | Asked in Real Estate Law and Personal Injury for New Jersey on
Q: Can I remove a fallen tree and return debris to neighbor's property?

I live in Edison Township, New Jersey. Recently, my neighbor's tree fell into my backyard, damaging the fence. He claims it was an act of God and refuses responsibility. I'm handling the fence repair, but I'm concerned about the tree, which is large and partially hanging over both... View More

2 Answers | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for New Jersey on
Q: Can I legally remove my adult stepdaughter from my house in NJ?

I have allowed my adult stepdaughter to live in my house for over two years, but she is now an unwelcome guest. There is no lease or rental agreement between us, and I am the sole owner of the property. Her mother, my spouse, agrees with her removal. During her stay, my stepdaughter, along with her... View More

Anthony M. Avery
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answered on Mar 31, 2025

Hire a NJ attorney to sue Daughter for possession only.

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0 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for New Jersey on
Q: Do I need to return my roommate's half of the deposit if they leave?

I share an apartment with a roommate in Newark, NJ, and we both signed the lease agreement and contributed equally to the deposit. Now my roommate is leaving, and there is no written agreement between us about the division of the deposit. Our landlord mentioned that I would need to return my... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: NJ landlord: individual account for each tenant security deposit?

As a landlord in New Jersey with residential properties, am I required to open an individual account in each tenant's name for the security deposits I receive?

0 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for New Jersey on
Q: Can my landlord replace a broken garbage disposal with a pipe?

Can my landlord replace a broken garbage disposal with a regular pipe instead of installing a new garbage disposal, even though my lease says appliances would be repaired or replaced? I haven't had previous issues with appliances, and I want to understand my rights under the lease terms.

2 Answers | Asked in Business Law and Real Estate Law for New Jersey on
Q: Can I pay a referral fee to a non-licensed person in NJ real estate?

I am a licensed commercial real estate salesperson in New Jersey. A business acquaintance, who is not a licensed real estate professional, has offered to refer real estate clients to me in exchange for a finder's fee, potentially around 5% of the transaction value. I am unsure about the... View More

Samuil Buschkin
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answered on Mar 26, 2025

In New Jersey, a licensed real estate salesperson cannot legally pay a referral or finder’s fee to an unlicensed individual for referring real estate clients. The New Jersey Real Estate Commission strictly prohibits compensating individuals who are not licensed under the New Jersey Real Estate... View More

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0 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Considering not making our final rent payment? New Jersey

Hello, my lease is ending on 03/31, I haven't payed this month rent yet. Right now I am in intense financial burden and have no money to spare for rent. I am moving out this Friday and had already v given 30 days notice back in February.

On my lease it's mention "In the event... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Real Estate Law for New Jersey on
Q: Is it legal for a PI to enter my garage without permission in NJ?

I live in New Jersey and have noticed a private investigator around my house as part of a School District residency investigation. Previously, when I observed someone I believed was stalking me, I contacted the police, and they informed me it was permissible for the investigator to be parked on the... View More

James L. Arrasmith
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answered on Mar 24, 2025

A private investigator entering your garage without permission would likely be considered trespassing under New Jersey law. In New Jersey, private investigators cannot trespass on private property while gathering information. Your garage, even without physical barriers, is still considered part of... View More

0 Answers | Asked in Real Estate Law for New Jersey on
Q: How to determine total lien value on property with tidelands claim for sale?

I want to sell my property in Toms River Township, NJ, which has a tidelands claim and lien certified by the state. How can I determine the total lien value on my property at 1417 Holmes Ave, with Block 718 and Lot 509 (Additional Lots: L510)? What steps should I take to address this with... View More

0 Answers | Asked in Real Estate Law and Energy, Oil and Gas for New Jersey on
Q: What are my rights with gas pipeline easement in NJ?

I am a property owner trying to build a fence, and there's a gas pipeline easement recorded in my property survey. I've followed all published requirements by the gas company and received consent after due process. However, an employee or team from the gas company is objecting due to a... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Contracts for New Jersey on
Q: Should I take legal action over property buyout dispute with brother?

I co-own a property with my brother in Ventnor. I wish to sell my share, but he disagrees with the buyout price I'm asking, which ranges between $450,000 and $600,000. We've had three appraisals done, and we've been negotiating since July 2024 with the help of attorneys. Given this... View More

Anthony M. Avery
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answered on Mar 5, 2025

Hire a NJ attorney to file an action for a Sale For Partition.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for New Jersey on
Q: Do I own the items in my NJ house after brother's passing?

I purchased a home in New Jersey from my brother's trust in 2017. The title and deed are in my name, though there was a life estate clause for my brother. After he passed away in 2023, my sister claimed some items in the house, but no specific items were listed in his will or trust. These... View More

Leonard R. Boyer
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answered on Mar 4, 2025

You should consult an experienced Probate attorney to find out who is entitled to what. Good luck.

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1 Answer | Asked in Foreclosure, Tax Law, Real Estate Law and Consumer Law for New Jersey on
Q: Can a lien holder charge a foreclosure fee if property isn't in foreclosure?

I had a tax lien on my property, and the lien holder sent me a notice to pay within 30 days to avoid foreclosure. I paid before the deadline and have proof of the payment date, but the lien holder charged me a foreclosure fee anyway, which was added to the redemption amount at the tax office. The... View More

Leonard R. Boyer
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answered on Mar 4, 2025

No! That is not a valid charge. You need to consult an experienced mortgage foreclosure defense attorney and have the entire loan record. Good luck.

1 Answer | Asked in Estate Planning, Public Benefits and Real Estate Law for New Jersey on
Q: Protection for home title in mother's name due to age restrictions in NJ community.

I am 53 years old and want to purchase a home in New Jersey in a community where you must be at least 55 to live, for security and financial reasons. I intend to buy the home with my funds but title it in my mother's name. We plan to transfer the title to me when I turn 55 and live in the home... View More

Leonard R. Boyer
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answered on Feb 22, 2025

That would be a very serious mistake for all the reason you mentioned and more. NEVER ever get another family member or significant other or spouse involved with something you own. In addition a 55+ community will have a home owners associate, which I always tell my clients to avoid like the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Public Benefits for New Jersey on
Q: Can I title a 55+ community home in mother's name and avoid taxes/claims?

I am 53 years old and looking to purchase a home in a 55+ community for security and financial reasons. Since I am not yet 55, I am considering titling the home in my mother's name. I am concerned about potential issues that could arise if she were to pass away or enter a nursing home, such as... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 22, 2025

We are not allowed to give specific legal advise on this website, see the terms of service. That being said it sounds like you need both estate planning a Will and some medicare planning unfortunately a lawyer will charge you for this advise just like a doctor will charge for medical advise its... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Real Estate Law for New Jersey on
Q: Liability for vehicle damage if holding a stick in a crosswalk

If I hold a stick in front of me while crossing at a crosswalk in New Jersey and a motorist, who fails to yield, runs into the stick, could I be held liable for damages to their vehicle, assuming I was using the crosswalk properly, they had a clear line of sight, and there were no cameras or... View More

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2025

A walking stick or cane used in an ordinary manner to assist in crossing a street should not create any liability for a pedestrian. In such a setting, jurors would generally focus more on the fundamental issue of harm to the pedestrian from a vehicle that did not yield where required. Good luck

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