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New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: the property is in the process of being sold the person who was in charge of looking after the house has moved in.

there was no contract of any kind the house is in PR how do i go about evicting

Morris Leo Greb
Morris Leo Greb
answered on Apr 6, 2022

Either retain an attorney in Puerto Rico or speak to an attorney locally who is admitted to the Puerto Rico Bar Association and is familiar with Puerto Rican property law.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I rented until the owner left abandoning the house for about 3 years now she calls says needs to get in going to sell

three years ago she meets a guy the house went into foreclosure she abandon the house and moved in with him to go do drugs. She hasn't been here for over 3 years. now calls me and says she needs to get in to take pictures so she can sell the house. foreclosure started like four years ago or... View More

Morris Leo Greb
Morris Leo Greb
answered on Apr 6, 2022

The County clerk maintains records of all property transaction. If a foreclosure action was commenced a lis pendens was file with the County Clerk. You can find this on the County Clerk web site. The lis pendens will have a docket number. You may then go to NJCourts.org and track the case. Further,... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: I've rented over ten years in current apartment. This year's lease is ending and my landlord wants a 10% rent increase

A 2 bedroom apt that has a broken radiator in one room and needs new toilet, so can't have roommate. I told them fine, but I need them fixed so I can get a roommate to share expenses.

They replied they'll fix them, but now the new lease will be month to month.

Is any of this legal?

Matthew Schutz
Matthew Schutz
answered on Apr 4, 2022

Yes and no. A 10% rent increase is a nonstarter. Absent rent control, where increases must stay within guidelines, the court will look at the reasonableness of the rent increase. Generally speaking, 5% is the ceiling, but this can increased by investment in the property, time since the last... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How much notice needed for new lease and rent increase in NJ

Renting house since 2013, lease expired 2014, no physical lease since (therefore month to month). received new lease today 3/30/22 for 4/1/22 effective date. Current rent is 1500/mo, new rent 1800/mo effective 6/1/22. Lease is VERY favorable to landlord who has made NO repairs or improvements in 9... View More

Matthew Schutz
Matthew Schutz
answered on Apr 1, 2022

Generally speaking the LL is allowed to have a reasonable rent increase. Tyically that is not over 5%. Jurisdictions with rent control will have guide lines the LL must comply with. Any changes in the lease terms must be reasonable as well.

Depending on the nature of repairs required,...
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1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Landlord changed his mind after we both signed lease for rental house. Can he do that? Am I entitled to the home?
Morris Leo Greb
Morris Leo Greb
answered on Apr 1, 2022

Yes you do. In fact, you may have a valid cause of action for a claim of specific performance.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If you’ve been renting a home for four years and the owner wants to sell the property, what are your rights ?

My best friend has been renting a home for four years. Never a problem with the owner. She was informed two weeks before her lease was to be renewed, that he is putting the home on the market. The price of the home was way over the amount that is comfortable and even up for consideration. She... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 31, 2022

The tenant's sole rights are listed in the lease. Once the lease matures, the tenant's right expire. If the tenant holds over, the tenant becomes a tenant at sufferance.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If there is a new owner with a long term pre existing month to month lease, can the new owner deny tenant amenities?

I live in the city of newark & I am trying to find out my rights as a tenant. My landlord just sold the home I have lived in the past 7 years. The new owners are trying to raise my rent by $475/mo. I don’t believe this is legal & I told them so. I have another issue where they are trying... View More

Matthew Schutz
Matthew Schutz
answered on Mar 28, 2022

The answer is yes and no. Newark is rent controlled. They are trying to raise your rent by over 30%. Unless they put in a lot of improvements, it would never pass muster at either the rent control board or in court. cuttng your amenities is just another wy to raise your rent. You are paying the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Paying rent while the apartment was uninhabitable, is this reimbursable?

My brother was hospitalized and his apt ceiling collapsed making the house inhabitable, bathroom was unsafe. Management notified multiple times (have pictures and emails). We continued paying rent but he could not return home. He passed away at a rehab while waiting for repairs. I have continued... View More

Matthew Schutz
Matthew Schutz
answered on Mar 22, 2022

I would stop paying rent after I send a letter to the LL outlining the history. I would also preserve the prior letters. I expect you are going to have to sue the LL after he refuses to return the security deposit. In that action I would also sue for the months the apartment was uninhabitable.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My house is being taken from me from a certificate of sale I believe is fraudulent.
Morris Leo Greb
Morris Leo Greb
answered on Mar 1, 2022

Seek immediate legal advice.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How much % can my landlord raise my rent? I don’t have any contract or lease… He raised $100 last year

Now he’s asking $300 more a month. I’m paying $1050 and he wants $1350

Morris Leo Greb
Morris Leo Greb
answered on Feb 25, 2022

Depends where you are living. Some municipalities have rent control or rent stabilization programs. Otherwise, the market determines the rents. Have you investigated other rental possibilities to compare competitive rents for similar living accommodations?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for New Jersey on
Q: can my landlord enter my apartment when i am not home to check a claim that i have a dog, if i do not want them entering

they say they do not need my permission to enter my home, i asked if they would wait until i was present to enter the home and they said if i didn’t answer the door they would be allowed to enter anyway.

Morris Leo Greb
Morris Leo Greb
answered on Feb 23, 2022

All lease have a provision for quiet enjoyment which means that a landlord cannot enter an apartment without the tenant's permission unless there is an emergency which must be addressed immediately such as a gas or water leak or the smell of smoke.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: In my NJ rental lease is says I am not responsible for sewer but I’ve paid it for 3.5 years, am I owed compensation?

Total amount is almost $1,500 and landlord claims it was my responsibility under utilities but the lease is clearly marked that sewer is paid for by landlord.

Morris Leo Greb
Morris Leo Greb
answered on Feb 14, 2022

A quick answer is yes. The real question is how will you collect the over payment. I w ould suggest you speak to an attorney with real estate and commercial law experience.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is there a limit to how much a landlord can charge in late fees in NJ?

Most states have a limit or a set amount on how much a landlord can charge in late fees. So my question is not about them charging a late fee but the amount

Morris Leo Greb
Morris Leo Greb
answered on Feb 8, 2022

If a wriien lease exists, a late fee may be assessed if it is provided for in the lease. The same with chaerging for attorney fees. If not in the lease, it cannot be assessed.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a landlord charge a 25$ a day late fee including weekends, is that legal?
Morris Leo Greb
Morris Leo Greb
answered on Feb 6, 2022

The landlord can charge late fees if the written lease so provides.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Tennis court at my apartment complex is being demolished and a new apartment is being constructed.is this legal?

is this legal considering , tenants would have moved in as tennis courts were advertised?

Morris Leo Greb
Morris Leo Greb
answered on Feb 2, 2022

The response will depend on the terms of the lease and the representations made by the landlord as an inducement to become a tenant. Perhaps there should be a claim made for a reduction in rent as this amenity will no longer be available.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If a landlord said "don't make me evil" to a tenant could that be considered a threat?

I contacted my landlord about a plumbing issue in which he responded "I'm not a plumber. You break, you fix." I said "I didn't clog the toilet, there's been plumbing problems throughout the entire apartment and that the lease states otherwise." He responded with... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 25, 2022

It all depends whether or not that is an improvement of his general demeanor!

1 Answer | Asked in Landlord - Tenant and Medical Malpractice for New Jersey on
Q: My tenant is running an illegal medical spa out of my condo. Her rn license is suspended. She is injecting botox.
Morris Leo Greb
Morris Leo Greb
answered on Jan 23, 2022

Send a notice to cease and desist in accordance with NJ statutory requirements. If you not familiar with the statutory requirements, consult with a local real estate attorney.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Small claim to recover my rental advance from Landlord

Hi, I have rented an apartment and stayed for around 5 years and my landlord returned only the partial deposit. the charges he showed are to renovate the unit. In order to initiate Small claim, I asked for my landlord's mailing address and he is not ready to confirm or receive the mail I sent.... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 16, 2022

Check with the municipal tax collector or assessor for the landlord's address.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How can I prevent eviction?
Morris Leo Greb
Morris Leo Greb
answered on Jan 8, 2022

Pay rent timely, observe the terms of the lease, don’t be disruptive to landlord and other tenants. There is no self help permitted in NJ. If a complaint for eviction is filed, be sure to attend the Court hearing. Make sure the landlord has complied with the requirements of all notices required... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord has asked me to vacate the apartment I rent from her

Landlord has asked me to leave and I don’t believe she is following proper procedure. She gave me a letter to leave (12/29/21) as of 1/31/22 I have never been issued a written warning to cease or a notice to quit. She also failed to provide me with an original 2017 lease nor did she provide me... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 3, 2022

New Jersey does not recognize self help. The only way a Landlord can force a tenant to vacate an apartment is to strictly follow the statutory requirements. Should the tenant not vacate the Landlord must file a complaint in Court which is served on the Tenant. A court hearing is scheduled. The... View More

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