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New Jersey Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can a landlord in NJ get an arrest warrant issued for non payment of rent.

Lease was split between 3 roommates. It was not a good situation for me to be in so I moved out on June 15. Having paid my part of June and July rent. Giving them 45 days to find a new roommate.

Derek John Soltis
Derek John Soltis answered on Aug 25, 2020

No. That is not a thing.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: i am 64 years old and been living in my apartment for over 11 years. the last couple of months my rent has been paid

late due to the pandemic. i dont have a lease and my landlord wants to evict me claiming he wants the apt for his son. can i be evicted?

i can't afford to move and have no where to go what are my rights. he refuses to use my security toward the rent.

Derek John Soltis
Derek John Soltis answered on Aug 11, 2020

I am sorry to hear about your situation. Your landlord will have to take you to court to evict you.

Odds are a judge will give you time to find a new place. So, technically you can be evicted, but probably not any time soon. You should start looking at assistance programs that may help...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I’m living with my friend here in New Jersey been here for a month now and his landlord just threatened to call the

Cops and have me arrested if I don’t get out. Can he do this?

Derek John Soltis
Derek John Soltis answered on Aug 2, 2020

Can he call, yes. Are you going to be evicted? Probably not. If you lived there for more than 30 days you pick up rights as a tenant, and your friend is the one that is going to say you have lived there over 30 days.

The landlord would then have to go through eviction court. And most...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am gifting my property and need to have the current tenants vacate so the new owners can live there.

How long do I legally have to notify them if they are month to month?

Derek John Soltis
Derek John Soltis answered on Jul 26, 2020

You need to terminate the tenancy of the people that live there now. Even if you do that correctly, they may not want to move out and then you will have to evict them. At this time, evictions are on hold in NJ.

Talk to them first and explain what is going on. If they are able to pay...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My new landlord is not renewing my lease and I'm going to be homeless. I'm on SSI and disability. Im stuck
Derek John Soltis
Derek John Soltis answered on Jul 26, 2020

You are a long way from being homeless at this time. The only way to legally remove you from the property is by eviction. Because of Covid, there is an eviction and foreclosure moratorium. And in NJ there are tens of thousands of evictions already filed that are going nowhere. And, you would... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Income limits on Phil Murphy's executive order 128, security deposit rewards rent law

I don't trust the landlord will return back my security deposit. Hence want to use it for remaining rent.

1. Does the tenant have to prove that they're struggling financially to use this option. Are there any annual income exclusions in the executive order

2. Can tenants... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 21, 2020

The issue you may want to think about is that the Executive Order 128 is an Executive order not a law.

The Executive order directly modifies 100,000's of contracts if not millions across the State of New Jersey. That is normally not a power any Governor has: To modify contracts...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can a landlord refuse to renew a lease in union city nj?

i, the landlord need to occupy the premise

Derek John Soltis
Derek John Soltis answered on Jul 8, 2020

Under normal conditions what you propose would be fairly straight forward.

1. You send notice that the lease is terminated and that you as the owner intends to occupy the space.

2. The tenants vacate. Your Done.

Option if the tenant doesn't vacate

3. You take...
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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...
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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.

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