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New Jersey Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Are there any reasons that I can evict my tenant during the moratorium?

She is slightly behind on her rent, but she has always caught up in the past. The problem is, her boyfriend stayed more and more during the pandemic, and now he is living there. She obtained a second dog without permission as well. Most egregious, and the reason I am fed up and want her out is that... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2021

First review the procedure landlords must follow in order to evict. Check this link for a complete explanation. The Eviction Process in New Jersey: Rules for Landlords. (Copy and paste in your browser window) Also, check with the Court for the County in which your municipality is located to... Read more »

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for New Jersey on
Q: can i get evicted if my bf/gf is living with me and not on the lease?

rent is being paid on time. never late. New Jersey standard lease

Morris Leo Greb
Morris Leo Greb answered on Jan 8, 2021

Depends on the terms contained in the written lease which you signed at the beginning of your lease term. Without seeing the lease, a more definitive answer can not be given.

2 Answers | Asked in Gov & Administrative Law and Landlord - Tenant for New Jersey on
Q: I have a tentant owes 4 mths rent many times he uses the jobs checks not cleared yet and; I now when I state it doesn’t

Look like you can afford $550 a month I need the room back; he is using COVID-19 law as an excuse. And I never mentioned eviction or filed one What can I do? I real want him out mainly because of the smoking that was clearly stated on the agreement not to do. Do we as landlord have any rights with... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 7, 2021

The Court strictly follows the required statutory procedure for complaints filed seeking eviction of a tenant. To avoid having a case dismissed for failure to satisfy the statutory requirements merely prolongs your problems. My best advise is you retainan attorney to represent you in this matter.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Living in motel for 4 months. Same room. Do they have to take us to court to evict us if we are late with rent.

Lost my job I may be late paying the next week

Derek John Soltis
Derek John Soltis answered on Jan 4, 2021

Yes they have to take you to court. Read the below article.

https://www.wnyc.org/story/nj-extends-lockout-protections-people-living-hotels/

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: I’m 64. Family of 5 asked to stay 1 yr @$600/mo. fall 2019. Wont leave 2 yrs later lost my job. They claim c19 law

Met them at Food Bank where I volunteer. Have month to month contract. Told them 1 year only and retiring at 64. That was fall 2018 In Oct 2019 I extended it thru June 2020 to keep their son in school. They had 3 kids then. Today, January 2021, I Need to sell my 2 bedroom condo as I’m out of... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 4, 2021

Hello,

If they are destroying the property, you can evict them for that. There are still ways for landlords to evict; non-payment of rent is not one of them though. You should also look into the federal rental assistance that is coming. It is first come first serve, and with...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I be evicted from housing if I have a balance due in the New Year

My housing unit is threatening to evict me.if my balance owed isn't paid before January

Morris Leo Greb
Morris Leo Greb answered on Dec 29, 2020

Covid-19 pandemic resulted in NJ courts strictly limiting evictions. Check with your county's Legal Aid Society as to the status of eviction actions for a more definitive answer.

1 Answer | Asked in Landlord - Tenant and Small Claims for New Jersey on
Q: Can I not show up (and win) a Small Claims Court lawsuit if letter wasn’t mailed to me?

A letter to answer a “Small Claims Court” lawsuit was mailed to a family member address. My ex-landlord suing for back-rent was unable to find my new address.

As a frontline Medical Worker, I avoid visiting family members and I didn’t receive the letter til 6 weeks after it was... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 25, 2020

Don't ignore the summons. Go to Court on the appointed date to defend the law suit. If you missed the date, file a motion to set aside whatever action the Court took and request a new trial date.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How can I be sued for “back rent” when basement apt. was illegal, there was no lease, and I paid cash without receipts?

I received a “small claims court letter” that I’m being sued for $1800 back rent. Whether or not this is true, how is that possible with no lease or documentation?

Also, I guess the ex landlord couldn’t find where I live & sent letter to a family members house. I didn’t... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 25, 2020

The real issue is not whether you can sued. Anybody can file a complaint. It is up to you to vigorously defend the law suit suit in court. So be sure to attend the court hearing on the date specified in the summons you received from the Court. Some defenses to the suit is whether the purported... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I am a smoker and my lease says no smoking in the apartment. I smoke only outside now I’m getting evicted smell smoke

My lease says no smoking so I do outside. After living here for 10 months someone is now smelling cigarettes smoke. The landlord has talked to me several times and I’ve told them only outside never inside. She said if she still gets complaints she will evict me. How can I prove I’m not doing... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 18, 2020

Since, in addition to a request for an answer to you query, you also ask for advise, it would be best for you personally to stop smoking. In response to the issue of eviction, the NJ statutes set forth the requirements for an action to evict a tenant that must be followed prior to filing a... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: You can give the landlord the keys for not paying rent if there was a judgement without you being notified in nj
Morris Leo Greb
Morris Leo Greb answered on Dec 10, 2020

The question is confusing. Has the Landlord rejected your proffer of the keys. Secondly, how do you know that some sort of judgment was entered by-the court if you didn't receive notice. Please restate your situation in a clearer more understandable fashion.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I move out without giving a notice? No written lease, my landlord already filed a complaint in eviction court.

There is no court date yet. I want to move out soon but I’m afraid that they gonna give me hard time when they know the move out date. They already try to shut off the hot water and electricity and I had to call the police.

Morris Leo Greb
Morris Leo Greb answered on Dec 2, 2020

Yes, but you will remain liable for the rent past due and not paid as well as rent for the remainder of the lease. Although, in order to collect the ongoing rent, the Landlord must make reasonable efforts to relet the premises. If the new rental is for the same amount or more, the Landlord keeps... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My tanent has Threaten me and my first fl multiple time and I am in the process of eviction what can I do to speed it up

It is get bad to a point that my 1st floor doesn't want to bump in to 2nd fl same as I

Morris Leo Greb
Morris Leo Greb answered on Nov 29, 2020

You don't have to wait for a complaint to be filed. Advise the Landlord (LL) you will move out voluntarily if date can be mutually determined, If you have a security deposit, set a date for mutual inspection with the LL ad return of the security deposit and delivery of the keys to the LL.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My tenant threaten me and the hole first floor I am in process but I need him out before anything happens what should do

My tanent has Threaten me and my first fl multiple time and I am in the process of eviction what can I do to speed it up

Morris Leo Greb
Morris Leo Greb answered on Nov 28, 2020

Please rewrite your question, The one you have posed is unintelligible.

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 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 »

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 »

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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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 Landlord - Tenant for New Jersey on
Q: My landlord sold my rental home (single family) and served me a 30 day notice to move. This is during the pandemic.

We do not have the funds to relocate at this time. He also did not renew our yearly lease which was due end of February and when I requested it he gave me a month to month instead. What can I do to prevent my family of 6 to be removed from out home during these times.

Morris Leo Greb
Morris Leo Greb answered on Nov 9, 2020

There are a number of issues involved which are not described. One important item is whether this is an owner occupied dwelling. Secondly, was the month to month renewal in writing or oral? Was there a change in the terms other than than just the change to month to month? Was there a rental... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Are landlords required to accept more than 1 form of payment in NJ? My landlord said I have to pay with a money order.

I paid the deposit with a cashiers check and now they are telling me I have to pay the first months rent with a money order. Are they allowed to do this? Can't I pay with a cashier's check again?

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

Unless, the lease specifies the method of payment, any form of good funds are acceptable forms of payment. You can also pay by wire transfer directly into the landlord's account. Cash is also legal tender for all debts public and private.

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