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New Jersey Landlord - Tenant Questions & Answers
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.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I'm trying to find the Owner or Owners name for property in Edison N.J.

The property name is Middlesex Managements Edison Woods Senior Citizen Associates.

Derek John Soltis
Derek John Soltis answered on Jun 7, 2020

If you have the address you can search the NJ Property Tax records. It will give you the address of where their taxes are sent.

https://tax1.co.monmouth.nj.us/cgi-bin/prc6.cgi?menu=index&ms_user=monm&passwd=data&district=1301&mode=11

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My lease is up for renewal. My landlord has added a termination fee to the new lease of one month's rent to move out.

Is this legal?

I have already paid the deposit of 1.5 months rent when I moved in.

It's a 2 year lease.

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

That is not a thing. Use your damage deposit to pay your rent as per the last round of executive orders.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My Mother was told by her landlord that she needs to pay $150 in fines what should she do?

They are saying that she has someone else living with her, that's why they are fining her, but no-one else lives with her.

Derek John Soltis
Derek John Soltis answered on Apr 28, 2020

She should write to the landlord and explain her position. She should not have to pay fines that are wrong.

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Our 12 m lease expires at the end of July. The lease says 'the tenant must be offered a renewal of this lease unless

there is good reason not, to under applicable law, not less than 90 days from the expiration date. This date is very soon, so I asked the 'Landlord' for the new lease. The lease was signed by the person who had power of attorney for the owner, so they are our landlord. We found out last... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 24, 2020

As a tenant, when property is sold there are only very specific reasons that tenants can be evicted. Since the eviction courts are closed except for emergency matters, the odds of being forced out during a pandemic are approaching 0. If you need legal advice, talk to an attorney.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My previous lease had a 60-day moveout provision. Am I obligated to sign a new 1-year lease without this provision?

My existing lease had a provision where I could move out with 60 days notice. The lease expired 6 months ago with no comment and I have continued living in the house and paying my rent on time. Now my landlord is asking me to sign a new 1-year lease with no provision for moving out with 60 days... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 22, 2020

You can continue to live in the apartment month-to-month, however, the landlord may eventually move for eviction for your failure to sign a new lease. Or you can negotiate with your landlord for that provision.

2 Answers | Asked in Domestic Violence and Landlord - Tenant for New Jersey on
Q: How can I legally get my ex to move out of my apartment if he's been here for 5 months?

He is refusing to leave and it's getting pretty violent and it's not a peaceful household. He's been living here since November 1st, paying half of the rent. He did not pay for the month of May yet.

James A. Abate
James A. Abate answered on Apr 22, 2020

While there is a moratorium on evictions, it sounds like there is domestic violence potentially at play. You may be able to obtain a temporary restraining order which would require his removal at least temporarily.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How many day’s does a month to month tenant have before they have to move out? I have no written lease only verbal.

And with the pandemic going on what does the law say about that?

Derek John Soltis
Derek John Soltis answered on Apr 16, 2020

Month to month is just that. When you give notice a month in advance, you move out at the end of the time when you said you were going to move.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What can we do if landlord rents space in a basement to his coworkers and we were not told about it when signed a lease?

We have to deal with different people sometimes total strangers to us since he does not inform us someone new is staying in basement for 2-3 days (it looks like he may be preparing rooms in the attic now). It's two family house and we were even told in the beginning it is an apt with some... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 13, 2020

The easiest thing to do would be to report him to the city for illegal apartments.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My mother, brother and I are forcefully getting evicted, without any eviction notice from the actual landlord.

So the landlord has a family in charge of the second floor rooms, on March 10th 2020 the head of the floor told us to leave and we have 20 days. We currently have no options besides moving in with a friend. My question is if we can sue anyone for this, because we have had enough of the toxic people... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 31, 2020

I sounds like your rights are being violated. If it is an illegal apartment, you may be able to get 6 months of rent to move. You need to talk with a land lord tenant attorney that handles tenant side matters to go over all of the facts of the situation and your options.

Courts are only...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Do I have to pay late fees to landlord if it’s not listed on the lease agreement as “additional rent” ?

My landlord is taking me to court for nonpayment of rent which I’m prepared to pay yet she is including $600 of late fees from some previous months. The paperwork for eviction says they must be listed in the lease agreement as “additional rent”, which it’s not. Just listed as “late fee”.

Derek John Soltis
Derek John Soltis answered on Mar 9, 2020

If you cannot make an arrangement with your landlord prior to the court date, make sure to point that out to the mediator and judge.

You should be able to avoid paying it as it is not listed as additional rent. Make sure to check all paragraphs on your lease.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does a landlord have to give a notice to cease if he/she claims that tenant is habitually late with rent?
Derek John Soltis
Derek John Soltis answered on Mar 7, 2020

Yes. They are supposed to. About the only thing that doesn't need notice is non payment of rent.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I have an illegal basement that I cannot get C/O or convert into two-family homes although it's completely finished.

If I rent it to someone and down the road he/she will stop paying rent as agreed upon. Can I sue the tenant in a court of law? A friend of mine told me that the court is prohibited from helping me since it will appear as if the court is aiding me to continue to break the law since I am not allowed... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 5, 2020

If you rent an illegal apartment, the tenant can get 6 months of rent from you. So, if you can move to evict and you could end up paying them 6-months rent.

We have had clients rent legal apartments to people, who then sublet an illegal apartment to someone else, and had to defend the...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: rights of survivor -ship deed, and tenant rights after one owner dies

if a home is owned in a rights of survivor ship fashion by parent and 1 child,then parent dies, leaving the property to survivor on deed:

does the surviving owner have to abide by a tenant/ landlord verbal agreement made by the parent owner that died? can the surviving owner force the... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 23, 2020

Both the inheriting person and the tenant have rights. If the apartment is not being rented at market rent, there is good possibility you be able to evict your sibling. If you are planning to occupy the space, you have additional rights.

Some agreements may not be enforceable. You really...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can you be evicted from a apartment via text message
Derek John Soltis
Derek John Soltis answered on Feb 18, 2020

No, to he truly evicted requires more than a text message. To be evicted once you have established residency, requires a court order after a hearing and the sheriff locking you out of the property.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Jersey on
Q: What if the apartment the tenant is residing in is an illegal conversion and has proof

I live in an illegal conversion and my landlord wants to evict us cause I got into an argument with him cause hes not turning on heat and my wife is pregant

Peter A. Michael
Peter A. Michael answered on Feb 7, 2020

If you are living in a legal apartment, then you may be entitled to reallocation fees. In the state of New Jersey reallocation fees are your monthly rent times 6. I highly recommend you consult with an attorney trained in the area of landlord tenant. My office offers a free no obligation... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: What is process to remove a commercial-lease holdover tenant in NJ? Tenant vanished, stuff is in garage. Context below

I manage a multi-unit property in NJ and we have a tenant (contractor, a corporation) who rents a storage garage on the property. Landlord is an LLC owned by a family member. There was a commercial lease that ran for one year and expired in May 2019. Tenant did not renew, landlord continued... Read more »

Paul J. Riviere
Paul J. Riviere answered on Dec 20, 2019

You will need an attorney to help you file a summary dispossession complaint in the Special Civil Part - Landlord /Tenant section - in the county in which the premises are located. This is the proper legal way to remove the current the tenant without resorting to self help.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: new homeowner, should i get a realtor to execute a lease or execute on my own for tenant? Help

first time homeowner in essex county

Peter A. Michael
Peter A. Michael answered on Dec 17, 2019

I would not get a realtor to help you draft a good lease for your new rental property. It is in my opinion that you consult with a qualified attorney whom has experience with Landlord-Tenant issues, so they may draft you a lease that is good for your needs! Best of luck!

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