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New Jersey Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My lease is up 9/30/2021. Notified landlord regarding habitability issues. Withheld l months rent. He started evictio

He started eviction proceedings against me. Can he evict me? Never had proper heating or cooling system that worked. I have on-going certified documentation requesting repairs of heating and cooling system. As a response, he is summoning me to court for non-payment of rent.

Morris Leo Greb
Morris Leo Greb answered on Aug 2, 2021

Make sure you attend the court hearing and be prepared to pay the rent you've withheld. At the Court hearing prior to go before the judge there will most likely be a mediation. Tell the mediator about the problems. Also be sure to ask the town whether the apartment has been listed as required... Read more »

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey on
Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

James A. Abate
James A. Abate answered on Aug 2, 2021

People are convicted of things they did not do all the time. The trier of fact decides what are "facts" and what are "lies". In municipal or family court that is a judge. In Criminal Indictable cases that is a jury. So even though you think this is something you haven't... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Security deposit on an owner occupied 2 unit rental apartment

Hello, my lease ended on 30th june and sent several text to my landlord for my security deposit of 3900. She sent an email on 1st aug that i will get a refund of only 1286 stating she painted the house and made. I the house was in good condition as i only lived there for a year, the only that was... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 2, 2021

If the amount is less than $3000, file a complaint in small claims court.

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: If I get a speeding ticket in another state how many points will I get in NJ

I got a speeding ticket in Virginia, but I have a New Jersey License. I read a couple things that said the points will be transferred based on home state. So I was trying to figure out if it is just 2 points or the full 6 points that Virginia will give me.

Stuart Nachbar
Stuart Nachbar answered on Aug 2, 2021

As Virginia is part of the Motor Vehicle Compact (meaning reciprocal) you probably will get the full 6 points. Find an attorney to represent you in Virginia and get the points reduced if possible

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord failed to give me the notice of security deposit within 30 days, can i use that+interest as last month rent?

I was reading The Rent Security Deposit Act (N.J.S.A. 46:8-19 – N.J.S.A. 46:8-26). We moved in 10 months ago and didn't realize that the landlord failed to provide us the security deposit notice within 30 days and they never did. Now we are planning to move out when the annual lease is about... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 1, 2021

Yes

2 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Divorce real estate question and what kind of lawyer do I get?

I got divorced a year ago and agreed to let my ex-wife keep the house so that she can stay there with my child and she in exchange paid off a small credit card debt. A year later she has now decided to sell the house and I am still on the mortgage and deed. I am being told that since I am still on... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 31, 2021

The first choice would be to speak to the attorney who represented you in the divorce proceedings. Thed second choice would be any attorney with both real estate and matrimonial matters.

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1 Answer | Asked in Traffic Tickets and Gaming for New Jersey on
Q: Goodmorning I have a quick question. Will points be put on my license if failure to observe signal?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 31, 2021

Yes Failure to observe a signal is a 2-point ticket. The points will go on your license unless you fight the ticket at court and win. Your best chance of eliminating these points is with a good lawyer representing you for the charge. Even if your guilty of the charge in most cases a good lawyer... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: Am I entitled to gains and/or losses from spouse's retirement accounts using QDRO? What is NJ statute # ? Thank you
Richard Diamond
Richard Diamond answered on Jul 29, 2021

The starting point is the language of your divorce settlement agreement. In most agreements, the lawyers agree to language that says that when dividing up defined contribution type assets (IRA's, 401K plans, etc) the gains and losses attributable to the marital portion will be shared by the... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My mother wants to transfer her real estate deed to me, her son. What would be the best options and procedures.

Property is located in Bayamon PR. I currently live in New Jersey USA. What would be, if any, the tax liabilities.

Morris Leo Greb
Morris Leo Greb answered on Jul 27, 2021

Retain the services of an attorney admitted to the PR bar!

1 Answer | Asked in Immigration Law for New Jersey on
Q: Traveling to Canada as US Citizens with kids who have green cards (but are eligible for US passports)

I am a recently naturalized US Citizen. My kids are eligible for derivative citizenship, but won't get their US passports in time before we are to travel to Canada. We have not applied for N-600 or passports for them. Can they travel using their still valid green cards, even though they have... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jul 26, 2021

Depending on the method of travel your children may be admitted back into the USA with just their green cards but they should have a travel document(s) or passport. I assume you are flying. I suggest you check with the airlines.

2 Answers | Asked in Car Accidents for New Jersey on
Q: 39:4-129 Action in case of accident. insurance was notified immediately after the accident. is this still offence
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 26, 2021

Yes, the statute you cited requires you to notify the police. The fact that you notified your insurance company is not considered in regards to a violation of this statute. If you are charged with this offense, I suggest that you hire a good lawyer as you're looking at the possibility of jail... Read more »

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1 Answer | Asked in Elder Law for New Jersey on
Q: my mother needs to go to a nursing home.

if medicaid sees that her house was transfered to me (son) within the previous 5 yrs do i have to give medicaid the house in order for her to be admitted to a nursing home with out delay ?

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Jul 26, 2021

Most states allow a give back of property (in certain contexts called a "penalty cure") by the kids to the parents. So no, they will not seize the house.

If you received the house from her recently, a give back may be the best thing. However, if she "otherwise...
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2 Answers | Asked in Family Law and Child Custody for New Jersey on
Q: Hello! My 9 years old refuses to go overnight with her dad, should I force her?

Hello! My 9 years old refuses to go overnight with her dad every other weekend. Last weekend she went forced by her dad”s attorney intimidating letter. I have to pick her up a 3:30 am she couldn’t sleep, she said she was scare but she doesn’t say of what. When we get home she went to sleep... Read more »

Richard Diamond
Richard Diamond answered on Jul 26, 2021

My guess is that you and your husband recently separated and since separating, your husband wants to put in place a parenting time plan and he has enlisted the assistance of a lawyer and they have told you that if you do not cooperate with their efforts to put this plan in place, they will seek... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: I have someone who is parking in my lot in my residential property without permission. Can I have them towed?

There is a sign posted saying it is private property can cars will be towed if they park illegally. Our neighbor constantly has visitors who use our lot even when we have asked him to stop. The police have been called multiple times regarding this issue.

Morris Leo Greb
Morris Leo Greb answered on Jul 25, 2021

Call a local towing service and discuss what remedies are available to prevent and/or cure illegal parking on your property.

1 Answer | Asked in Car Accidents for New Jersey on
Q: I was involved in an accident while someone was driving the car i was in unlicesed with violation why do i have court
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 24, 2021

The answer would depend on what you were ticketed for. Since we do not know that it's impossible to answer your question

2 Answers | Asked in Criminal Law and Family Law for New Jersey on
Q: When was 2019 NJSA Section 9:6-3 - Cruelty and neglect of children; crime of fourth degree; remedies -revision DATE?

When was 2020 NJSA Section 9:6-3 Cruelty and neglect of children; crime of fourth degree; remedies -revision implemented DATE?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 24, 2021

You would need to spend the time just like a lawyer to look that up on the legislative history for the statute. You need to do this online and I suggest using Westlaw or Lexis, be aware they will charge you for the search

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2 Answers | Asked in Divorce for New Jersey on
Q: My soon to be ex wife has sent me a divorce complaint. I don't have a problem with anything in complaint.

She also sent me a letter for me to sign saying I do not contest whats written in the complaint and also that I wave the time I'm aloud to respond to this complaint. My problem and question is if I sign this letter can she go and change the complaint since she would have my signature saying... Read more »

Michael Andrew Conte
Michael Andrew Conte answered on Jul 23, 2021

The problem is what is in her request for judgment and whether you have all potential disputes resolved. If you have any outstanding disputes (child custody/support, alimony, equitable distribution of assets and/or debts), then you have to be very, very careful about what you sign. You should... Read more »

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2 Answers | Asked in Child Custody for New Jersey on
Q: How should I say no, legally, to a grandparent wanting visitation when she’s her sons supervisor for his visitation?

I know the parent has a right to refuse grandparents time, but I also thought legally I can’t discuss extra time out of my court ordered agreement considering my daughters father lives at his mothers house (where parenting time takes place). Plus I don’t trust the mother as she could be asking... Read more »

Michael Andrew Conte
Michael Andrew Conte answered on Jul 23, 2021

There is no particular "legal" way to decline the request. I would just recommend keeping any communication that you have with her (which you are not required to have in the first place) as short and simple as possible, without any judgmental or confrontational statements.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: NJ tenant. Landlords repeatedly failed to repair/maintain. No landlord registration/certificate of smoke detector compl

I contacted township due to safety concerns I had over removal of leaking oil tank in my basement. Landlords then repeatedly threatened to evict. County DOH came out to inspect. Landlords insist they don’t have to “accommodate” my schedule making repairs required by DOH. Won’t provide... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 23, 2021

Become proactive. Open an escrow checking or savings account. Notify in writing ( best to use certified mail return receipt required) to the Landlord that the monthly rent will be placed into the escrow account until all required repairs are scheduled to your satisfaction and are completed by... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a seller use a relocation company to sell their house when they are not relocating as stated?

I bought a house from a relocation company and was told my seller was relocating for work. After having many issues with my new house I came to find out that my seller is a flipper and flipped a house prior to flipping mine and "relocated" ten minutes away to the next town over. I believe... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 22, 2021

By way of answer can a seller be described as being 'motivated' when all the seller wishes to communicate is that perhaps there is negotiating room in the asking purchase price, or describing a home as 'cute' when the seller means small. It is called puffing. Sellers do it all... Read more »

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