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New Jersey Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My boyfriend lives in a New Jersey apartment. His lease ended in April during the start of covid.

His landlord never sent him a new lease or any information regarding rent. He stopped paying rent. 7 months later they finally contacted him and are now trying to evict him for unpaid rent. Can they do this? What can he do?

Morris Leo Greb
Morris Leo Greb answered on Nov 23, 2020

Your boyfriend needs to pay the rent.

1 Answer | Asked in Estate Planning for New Jersey on
Q: Hello i am in an estate for a will. I just gave lawyer ssn dob, address and full name. What is this for. I am in NJ

I am a beneficiary

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 23, 2020

The answer would depend on who you are in relation to the will. Are you an executor, beneficiary, trustee, guardian etc.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I own a gun if charged w/ assault & battery, but case dismissed after taking anger management counseling?
James A. Abate
James A. Abate answered on Nov 23, 2020

It really is going to depend on the exact nature of the charges and how they were resolved. If it was a clean dismissal with expungment of the arrest, maybe. But I can see "anger management" getting flagged as a mental health exception. Without a criminal record there is nothing to... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for New Jersey on
Q: What are the reasons that a prosecutor can withdraw a plea ?

The prosecutor prior to sentencing realize you made a mistake and now she wants to send it back to Grand Jury the defendant did nothing wrong and changed nothing

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 22, 2020

In general If you talking in regards to a plea bargain, they don't need a reason to withdraw a plea unless the plea deal was already accepted by the defendant in court.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I bought a bank owned house 9 months ago and they did not tell me it had septic system and now it fail.Can I sue the ban

The house has public sewer in the street but was never conected to the house when I bought the house they did not mentioned the septic system in the back yard. Now I am responsable for conecting to the public and it is too expensive! The realtor told me that sorry but it was too late and I dont... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 22, 2020

Unfortunately, unless there was a specific representation in the contract to purchase, failure to do approproate due diligence, resulted in the cost of connecting to the public sewage system falls on your shoulders.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Asthmatic trache tenat need new wall. HAVE no place to go n landlord is refusing pay 4 hotel. Weather conditions inside

The cold air, moisture from rain come through this home from outside in. Around the never used closed off A.C. casting. HE wants to put new sheetrock. Medically I can not be inside the apartment. I have absolutely no one I can stay with. It's been 2 years of my COMPLAINTS and I faithfully... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 21, 2020

Your situation is complex and beyond the scope of a Justia direct answer. If a NJ resident, I would suggest you contact the Municipal and/or the County Welfare Board for assistance. An alternative source of assistance may be the Legal Aid Society. Contact the County Bar Association for more... Read more »

2 Answers | Asked in Divorce and Child Support for New Jersey on
Q: Can my ex stop his child support since my boyfriend moved in?

We have joint custody of three children. I am the parent of primary residence. He pays me $400 a month for three children in child support. My boyfriend moved in and now my ex wants to stop his child support payments.

Teresa L. Reichek
Teresa L. Reichek answered on Nov 20, 2020

Every situation is unique and has many factors. I can tell you that cohabitation is a reason to stop alimony payments, but not child support. Those are still his children and he still shares responsibility for their needs. That being said, you should consult with an experienced family law... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I have an issue with my landlord concerning duty to mitigate; landlord is ignoring me as well.

Hello,

I have an issue with my landlord. I signed a year lease but would like to move out early due to excessive noise in the apartment. I understand that in my state (New Jersey) there is a legal obligation of the landlord to mitigate damages. My landlord briefly showed the apartment (over... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 19, 2020

You are correct in your assessment of Landlord's duty to mitigate damages. Keep a daily journal of all events concerning your tenancy, landlord's failure to provide 'quiet enjoyment' (A term of art as required in all leases) because of other tenants' noise, and failure to... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: can a 34 year old man go to jail for having a sexual relationship w a 16 year old girl in new jersey?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2020

Yes, the crime is called endangering the welfare of a minor so don't go out with her. If you have already done this and have been charged get yourself a good lawyer

1 Answer | Asked in DUI / DWI for New Jersey on
Q: If you have a dwi and 2 years later are charged with a refusal to submit are the penalties enhanced as a second DWI or

remain the same as a first time refusal?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 18, 2020

More information is needed to properly answer your question, so I suggest consulting with a lawyer to get the correct answer for your situation, but In general they are different offenses so the answer would be no, but generally if you have a refusal you get a DWI also so that would be your second... Read more »

4 Answers | Asked in Domestic Violence for New Jersey on
Q: I am charged with 2nd ag assault. I have a restraining order given to me in prison. The hearing date was 10/5.

That hearing didn't happen. On Nov 16 at 930 am I got an email that the hearing was that day at 9am.I understood that hearing not be more than 10 days from being issued. Is this tro still in effect. I'm in nj.

James A. Abate
James A. Abate answered on Nov 17, 2020

Most likely yes. A TRO stays in effect unless it is dismissed or amended to an FRO.

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: What if my landlord does not want to renew my lease are do month to month during covid
Derek John Soltis
Derek John Soltis answered on Nov 17, 2020

Your location says Noncock, OH, but the question is posted in New Jersey? If you are in New Jersey the evictions courts are not really working at this time. Cases can be filed, but the sheriff's are not performing lock outs.

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2 Answers | Asked in Car Accidents for New Jersey on
Q: I have a document from the court with my judgement. The lawyer that handled it said I now wait for payment from uninsure

Lawyer said I have to wait for uninsured motorist fund to cut me a check. Basically told me i was on a list and when my number comes my settlement comes.

The judge awarded me 27,000.

I have been waiting forever and I was hoping I could do one of those "it's my money and I need it now" places

Gerald D. Siegel
Gerald D. Siegel answered on Nov 16, 2020

I have never heard of such a thing that "your check will be cut when your number comes up."

In NJ, the practice is that the insurance company has to send the check within 30 days.

I think you should request an explanation in writing from your attorney as to what happenmded...
Read more »

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1 Answer | Asked in Family Law for New Jersey on
Q: Father has new girlfriend that he has had my kids around with out my knowledge.

We were never married totally separated recently. He has had my kids with her several times before I even knew she existed im very uncomfortable with the situation and have asked him not to bring her around kids till things are more serious with them and I meet her. He keeps arguing with me over... Read more »

Richard Diamond
Richard Diamond answered on Nov 16, 2020

Its a reasonable question and my suggestion is that you and he jointly meet with a mental health professional with solid experience involved with custody & parenting time matters disputes so that the person can listen to your concerns and listen to his response and make recommendations to both... Read more »

1 Answer | Asked in Car Accidents for New Jersey on
Q: I was awarded a settlement in an uninsured motorist case, how do I get my money? Are there places that buy the settlemet
Gerald D. Siegel
Gerald D. Siegel answered on Nov 16, 2020

Did you get your uninsured motorist settlement as a "structured settlement"?

1 Answer | Asked in Criminal Law and Juvenile Law for New Jersey on
Q: If the person doesn't want to press charges on me can i still go to jail?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2020

Depends on who filed the charges, if filed by the police it generally doesn't matter what the victim wants.

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for New Jersey on
Q: I committed a felony for the first time ever, I have no criminal record at all. It was a third degree, and I'm a minor

I am 16

What may be the outcome? If I am charged.

The company said if I pay back the money that will be the end. It was a civil demand letter to be exact. They said they will not press charges or get the cops involved but I just want to know what can happen.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 15, 2020

If they keep their word and don't file charges nothing will happen to you.

1 Answer | Asked in Constitutional Law, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Since i wont date my landlord he has put my house for sale I pay my rent on time, what can I do?

I have been living there for five years,each of those years I've had to deal with him popping up and bringing me gifts,showing up walking around the windows,and just walking in saying he had to drop something off.I have always laughed him off, told him I did not feel comfortable but he... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 15, 2020

There are two issues raised in your question.

The first is the Landlord coming into your apartment uninvited and harassing you generally. Wheteher you have a written or oral lease you are entitled to quiet enjoyment. The landlord is breaching this provision of the lease.As such, you may...
Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: What is a defense to a cop changed with assault. The cop was caught on camera hitting a man

A cop was on video hitting a man the man was telling the cop to hit him and calling the cop names so the cop slapped him.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 14, 2020

We would need to see all the evidence in the case to determine the best defense. That is why by law the prosecution must show the defendant the discovery prior to the trial of the case so a proper defense can be determined based on all the facts of the case for which we have none.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Can I send photo of document I have a question on my nephews sentence he seems to think it’s an illegal sentence
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 14, 2020

You should never send a document like that over a public website. If you need a lawyer to give you a second opinion on a case, you should seek out a lawyer for a second opinion and bring the document with you, otherwise you should ask his lawyer.

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