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New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My lease ends this month. And want to move out. Ll is stating we have to give 30 days notice but was previously ok with

3 weeks notice aprtment has mice and we have a 2 yr old daughter can I fight this

Morris Leo Greb
Morris Leo Greb answered on Oct 16, 2020

Is it a written lease or oral. If written, check to see if there is any language concerning requirement to give 30 notice to terminate. Generally if you overstay beyond the termination date, the lease is automatically renewed on the same terms. So be sure you completely vacated on or before the... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Washer leaking, which causes flooding in apartment. Reported to landlord weeks ago. Landlord dismisses emails and calls.

My washer is in a shallow closet in the open area of my loft apartment. When it leaks, water goes under the door and out into the living area. I have slipped on water twice, and a guest of my almost broke her ankle when she slipped. I placed a towel at the door, but that does nothing to stop the... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 13, 2020

Firstly, you may rest assured that whatever appropriate action you may decide to take, the landlord cannot resort to self help.

My suggest is to do the following.

1) Start and maintain a log of the dates and times of the flooding occurrences. Keep a record of expenses you've...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can the landlord put a boot on your vehicle if you haven’t paid your rent in full?

My rent is 1400 a month I’ve currently only paid 970 for this month. Because I didn’t pay it in full my landlord is threatening to put a boot on my vehicle. Is he allowed to do so. Nothing was put in the lease that he could do that and he wants to charge an additional hundred dollars to get it... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 27, 2020

First and foremost, in NJ, self help is not permitted. Secondly, without a Court order, no one can take nor deprive you of your property. If the Landlord will not voluntarily remove the illegal boot immediately, file a criminal complaint against the Landlord by going to your municipal police... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What NJ statute states a landlord cannot change a lease without the tenants agreement, initials or signature?

They added an end date, when it says for a minimum of 3 months for length of lease. Now she refuses rent, and it was from the state auto deposited with her approval. She contacted them, not me and stated she refuses any more rent. Help, she claims I'm cauding irreparable harm, an OTSC was... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 26, 2020

No written document can be changed by one party after both have signed. Further, self-help is illegal in New Jersey. In addition, when you rented your apartment did the Landlord obtain a Certificate of Habitability from the town? Did you pay a security deposit? If so, were you provided with the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I have a signed contract To a property I am purchasing. The renter is refusing to let anyone in to inspect/appraise.

What are my rights with a binding contract? There is no lease. Renter wants to purchase but has bad credit and no money. She is claiming she is not healthy to look for another place yet is out and about.

Morris Leo Greb
Morris Leo Greb answered on Sep 16, 2020

An very interesting situation! Is there a written lease between the the seller and the reluctant tenant? The lease may contain language concerning the Landlord's right to inspect the premises. If not, the Landlord/Seller must take affirmative steps to make it possible for you to inspect,... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I was giving a notice to quite my lease and no court date but told to get out on the 22 is that legal

I was not giving a court date just told that if I am not out by the end of the month there gonna lock my door I don’t know what to do

Morris Leo Greb
Morris Leo Greb answered on Sep 10, 2020

Self help is not not legal in NJ. A landlord may try to trick you into leaving voluntarily. But a legal warrant for eviction may only be issued by the court. The landlord would need to file a complaint which must state one of the recognized grounds for eviction for the court to have jurisdiction to... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord filed bankruptcy and is stating that supersedes/overrides our lease that expires in 2021, is that true?
Morris Leo Greb
Morris Leo Greb answered on Sep 6, 2020

Your question is an interesting one raising a number of issues which are beyond the scope of this forum. I would suggest you speak to a bankruptcy attorney or a local Legal Aid Office in your community.

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Regarding quiet enjoyment of my apartment. I have proof of complaints that a situation was ongoing for a year

I even called the police and have many witnesses who stayed over and several emails to management for a year period about the neighbors stomping and jumping upstairs all hours of the night. They have me in collections for two months rent. Because of their breach of the lease re quiet enjoyment are... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 5, 2020

I am not sure what you mean by the term "in collections". The landlord is not permitted any self help actions. He must file a complaint with the court. If the Landlord is violating the covenant of quiet enjoyment, you still have to meet your obligation to pay the rent. However, you can... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Do expired leases automatically convert to tenancy at will, must it be in writing?

I’m not sure if I gave adequate notice of rent renewal and increase. Postmarked 8/31 certified but won’t be received until 9/4, lease ends 10/1.

Morris Leo Greb
Morris Leo Greb answered on Sep 1, 2020

The burden of serving proper, timely notice is on your shoulders. Failure to give notice as required by statute will result in an automatic renewal of the current lease terms.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Tenant wants to pay rent with section 8 voucher but previously paid in cash, do I have to accept it?
Morris Leo Greb
Morris Leo Greb answered on Sep 1, 2020

Your question raises the quintessential test for often determining a correct answer. Does it pass the stink test? On the surface, it would seem to indicate an un- or under- reporting rental income income on federal and state income tax returns. What would be a sustainable explanation for denying... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord not addressing bed bug infestation. What are my rights?

I rent 2 bedrooms in a 3 bdrm home with landlord in 3rd room. I have not left the house since March when the pandemic started and he was out and about daily. He will not call exterminator or address problem. Gave me a can of raid one time then 2 days later said problem was fixed. All bugs are in... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 27, 2020

The following response is in accordance with NJ statutes and case law. Did the Landlord obtain a certificate of habitability from the municipality at the time of the commencement of the lease term? If the landlord failed to do so, he could be subject to certain penalties. A call to the municipal... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can a landlord in NJ get an arrest warrant issued for non payment of rent.

Lease was split between 3 roommates. It was not a good situation for me to be in so I moved out on June 15. Having paid my part of June and July rent. Giving them 45 days to find a new roommate.

Derek John Soltis
Derek John Soltis answered on Aug 25, 2020

No. That is not a thing.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: i am 64 years old and been living in my apartment for over 11 years. the last couple of months my rent has been paid

late due to the pandemic. i dont have a lease and my landlord wants to evict me claiming he wants the apt for his son. can i be evicted?

i can't afford to move and have no where to go what are my rights. he refuses to use my security toward the rent.

Derek John Soltis
Derek John Soltis answered on Aug 11, 2020

I am sorry to hear about your situation. Your landlord will have to take you to court to evict you.

Odds are a judge will give you time to find a new place. So, technically you can be evicted, but probably not any time soon. You should start looking at assistance programs that may help...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I’m living with my friend here in New Jersey been here for a month now and his landlord just threatened to call the

Cops and have me arrested if I don’t get out. Can he do this?

Derek John Soltis
Derek John Soltis answered on Aug 2, 2020

Can he call, yes. Are you going to be evicted? Probably not. If you lived there for more than 30 days you pick up rights as a tenant, and your friend is the one that is going to say you have lived there over 30 days.

The landlord would then have to go through eviction court. And most...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am gifting my property and need to have the current tenants vacate so the new owners can live there.

How long do I legally have to notify them if they are month to month?

Derek John Soltis
Derek John Soltis answered on Jul 26, 2020

You need to terminate the tenancy of the people that live there now. Even if you do that correctly, they may not want to move out and then you will have to evict them. At this time, evictions are on hold in NJ.

Talk to them first and explain what is going on. If they are able to pay...
Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My new landlord is not renewing my lease and I'm going to be homeless. I'm on SSI and disability. Im stuck
Derek John Soltis
Derek John Soltis answered on Jul 26, 2020

You are a long way from being homeless at this time. The only way to legally remove you from the property is by eviction. Because of Covid, there is an eviction and foreclosure moratorium. And in NJ there are tens of thousands of evictions already filed that are going nowhere. And, you would... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Income limits on Phil Murphy's executive order 128, security deposit rewards rent law

I don't trust the landlord will return back my security deposit. Hence want to use it for remaining rent.

1. Does the tenant have to prove that they're struggling financially to use this option. Are there any annual income exclusions in the executive order

2. Can tenants... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 21, 2020

The issue you may want to think about is that the Executive Order 128 is an Executive order not a law.

The Executive order directly modifies 100,000's of contracts if not millions across the State of New Jersey. That is normally not a power any Governor has: To modify contracts...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can a landlord refuse to renew a lease in union city nj?

i, the landlord need to occupy the premise

Derek John Soltis
Derek John Soltis answered on Jul 8, 2020

Under normal conditions what you propose would be fairly straight forward.

1. You send notice that the lease is terminated and that you as the owner intends to occupy the space.

2. The tenants vacate. Your Done.

Option if the tenant doesn't vacate

3. You take...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a house guest that has become a resident refuse to leave a home when it is put up for sale by the owner?

My grandmother has two fam house , paying tenant upstairs. My aunt lives with her and her boyfriend claims to pay rent for a room elsewhere but sleeps by my grandmother every night and every day is there with my aunt. If something god forbid happens to my grandmother , and her three children want... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 29, 2020

Yes. From what you described he sounds like he needs to be evicted through legal means if he chooses to stay.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: I have two tenants I wish to evict but don’t know how to go about it due to Covid and Phil Murphy’s Moratorium A-3859

I purchased a 2 family Feb 18th 2020. 60 day notice was given accordingly. We moved on April 1st and found there to be a guy who had been renting a room from the former tenant unbeknownst to us. Called the police but due to covid, we were told that he legally had a right to stay. With two young... Read more »

Derek John Soltis
Derek John Soltis answered on Jun 25, 2020

You can file the paperwork with the county for eviction, and get in line for when the courts start hearing cases.

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