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New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How to get a court order for landlord to allow pseg in the house to conduct an investigation to check my breaker box?

I live in a 2 family house. I'm paying for electricity in the common areas on the property. My landlord is aware of this. It is not stated in my lease I'm supposed to pay for common area electricity. I do not have access to basement, only the landlord and his mother do. His mother lives... View More

Matthew Schutz
Matthew Schutz
answered on Mar 15, 2023

I guess the first question is how long have you lived there? If what you're saying is true, and you been living there for a while, it may be worthwhile to sue your landlord for damages or overbilling you on the electricity. As part of the lawsuit your entitled to have discovery (find out from... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If you don’t have a lease in NJ and you rent a basement apartment month to month can the landlord lock you out

I’ve already paid half this month I just can’t do the other half yet. All other months have been paid as well and he said yesterday if I don’t have the rest today he’s locking the door and I have to leave

Morris Leo Greb
Morris Leo Greb
answered on Mar 10, 2023

There is no self help allowed by the Courts of New Jersey. The landlord must follow the statutory requirements for eviction. Thus the landlord must file an action in Cort to evict you. You should check with the municipality to see if it is a legal dwelling unit. There must be a smoke detector... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for New Jersey on
Q: Can police ticket you if you park in someone's spot at an apartment building without their consent?

I live in an apartment building across the street from a government building. People constantly park in residents spots for the apartment building and run across the street to the government building. Property Management says us residents have to call the local police department and have the cars... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 4, 2023

Two issue. The first being is whether or not the landlord has posted the appropriate signage about improper parking. The second is whether the two lease spots are included in the lease. If so, you, you are entitled to quiet enjoyment. This places a burden on the Landlord's shoulders to monitor... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord install a lock box on the thermostat in my apartment if it’s not stated in the lease?

I live in a 2 family house. I have reported my landlord to the board of health several times for not providing heat. He’s been fined several times which resulted in a court hearing that he failed to appear for. I’ve reported him to the police station several times for not providing heat during... View More

Matthew Schutz
Matthew Schutz
answered on Feb 19, 2023

No. I would suggest the failure to provide heat this time of year to constructive eviction and is illegal in New Jersey. Since there is a prior order requiring him to provide heat, I would suggest your next step is to go back to court and get an order finding him in contempt and requesting an... View More

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord install a lock box on the thermostat in my apartment if it’s not stated in the lease?

I live in a 2 family house. I have reported my landlord to the board of health several times for not providing heat. He’s been fined several times which resulted in a court hearing that he failed to appear for. I’ve reported him to the police station several times for not providing heat during... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 19, 2023

The installation of the lockbox has created an even greater obligation on the landlord to maintain the appropriate heat and cooling levels. He now becomes completely responsible. Pursuant to the provision of quiet enjoyment how was the landlord able to enter your apartment? Did you give him... View More

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1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: I am the sole executor of an estate and owner. Can I evict a beneficiary staying in the home illegally without council?

The house is located in a 55 and older co-op community in Ocean County NJ. My sister-in-law (who is a 50/50 beneficiary) had until August 10th 2021 as per the bylaws of the co-op to relocate. She has refused to pay anything or leave for 2 years. She is on probation facing new charges and is... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 15, 2023

The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: what are the consequences for a landlord not filing rent registration in state or municipality?

Landlord has never filed a rent registration with the state or the city of Newark. I have been a tenant for 12+ years and have been on a month-to-month for 11+ of that time. I am now being asked to terminate my tenancy with no disclosed reasoning. Do I have any legal ground in regards to the... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 13, 2023

There is no self help in NJ. This means that in order to evict you, he must file suit in Court. If he failed to register, the Court will dismiss the case until he does register. Further if he failed to obtain a smoke detector certification and provide with a copy, he will be subject to severe... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I be evicted for not getting my apartment exterminated.
Morris Leo Greb
Morris Leo Greb
answered on Feb 4, 2023

This depends on the terms of your lease. Does it include a provision as to the responsible party. In any event, there is no self help in NJ. Eviction proceedings must adhere to the statutory requirements and a court hearing.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: We just got the notice that we are being evicted and have to be out in 3 days. My wife is going through chemotherapy and

Radiation. We were going to ask the judge for more time.

Morris Leo Greb
Morris Leo Greb
answered on Jan 31, 2023

Your question fails to state whether the notice was a letter from the landlord or an ntice from the Court after a court earing was scheduled. If a letter from the landlord with no notice from the Court, you do not have to move, NJ Courts do not recognize self help. The Landlord must follow the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Looking for landlord tenant attorney who can represent me in chansery court in Essex County nj

I need help with lawsuit for money in chancery anybody can represent me. In Essex County NJ

I am getting surd by ex landlord becuase he could not sell house

Morris Leo Greb
Morris Leo Greb
answered on Jan 30, 2023

Chancery Court in NJ does not hear suit concerning money. It is a Court of Equity. Suits for damages are heard in Law Division. Depending on the amount in controversy, suits for money damages are in small claim, special civil part, or superior court.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I wrote my landlord in New Jersey regarding removal of cameras or escrow account.

I informed my landlord that if she doesn’t remove the cameras that her tenant friend, whom I have police reports on for harassment, installed in the hallway pointed at my doors I will open an escrow account and deposit rent on time until they are removed. Her response is that I need to show her... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 25, 2023

Open the escrow account, pay your tent timely, send copy of deposit receipt to landlord. There is no self help permitted in NJ for evictions by a landlord. Statutory proceeds must be followed. A court appearance would be required, You will have an opportunity to explain the situation to a judge.... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Why would a landlord ask a tenant to complete W9 for an escrow account? Who collects the interest, pays taxes?

Escrow account for security deposit. Who collects the interest and who pays taxes on the interest?

Morris Leo Greb
Morris Leo Greb
answered on Jan 18, 2023

The bank where the escrow will be opened requires a W-9. No W-9, no account. NJ law requires that a tenant's security deposit be placed in an interest bearing account. The interest earned is split between the tenant and landlord.

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Why would a landlord ask a tenant to complete W9 for an escrow account? Who collects the interest, pays taxes?

Escrow account for security deposit. Who collects the interest and who pays taxes on the interest?

Matthew Schutz
Matthew Schutz
answered on Jan 19, 2023

The security deposit, although help by the landlord, is the property of the tenant. the LL is required to set up a seperate, interest bearing account foir the security and the income is attributable to the tenant. The financial institution will require the SSN andW-9 of the tenant to set up the... View More

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What is the current Statute of limitations on commercial property lease. For example tenant stopped paying his lease.

Tentant moved out and Four months of uncollected rent since September of 2017.

Matthew Schutz
Matthew Schutz
answered on Jan 16, 2023

I am unclear on what you mean by your question. Generally speaking, the statute of limitation on all contract actions is 6 years. Depending on when your tenant left in 2017, your coming up against the statute of limitations to sue him for the rent he owes.

If you are talking about filing an...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I need to have my 33 yr son move from my home. He refuses how can I have this happen?

Not on lease. He refuses to go. Does not pay rent or bills

Matthew Schutz
Matthew Schutz
answered on Jan 16, 2023

You would need to file an ejectment action. Ejectment is the remedy that you use where you have someone trespassing on your property. Since your son is 33 years old, he should be out on his own. Your obligation to support him ended when he turned 18. He needs to be given formal notice that he has... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a landlord buy a duplex, then immediately try to evict under NJSA 2A:18-53? If so, why do we have NJSA 2A:18-61.1(l)

The buyer moved into the other unit almost a year before closing. Nothing was ever said or sent about the buyer/owner wanting to personally occupy my unit. After closing, he refused rent/sent 30 day notice to quit (because the duplex is now owner-occupied, he doesn't need good cause). The... View More

Matthew Schutz
Matthew Schutz
answered on Jan 4, 2023

The problem you have is that under its terms the Anti-Eviction Act (AEA) does not apply to buildings which are 1) 3 units or less and 2) owner-occupied. When your new landlord moved into the building he removed your tenancy from the protections of the AEA. In that circumstance, the provisions of... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Commercial lease: New Jersey. Property owner attempts to bill for unperformed maintenance. What are the legal remedies?
Morris Leo Greb
Morris Leo Greb
answered on Jan 3, 2023

Pay into escrow account. Notify Landlord in writing with proof of deposit by certified mail return receipt required that payment will be released once the required work is done.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How long does it take to evict someone in NJ?

Selling a mixed use building with 2 residential units. A tenant who is family has not paid rent and no lease for several years. How long will it take to evict them?

Morris Leo Greb
Morris Leo Greb
answered on Jan 2, 2023

The time it will take depends mostly on the backlog in your county.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I own a single-family home in Sussex County New Jersey. Do I have to file a landlord registration with the state of nj?
Morris Leo Greb
Morris Leo Greb
answered on Dec 28, 2022

If you intend to lease the property, you must register with the municipality. Failure to do will affect your ability to proceed with filing suit against a tenant. You must also have the property inspect for compliance with the municipal smoke detector ordinance,

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord wants to evict me do they need to provide forms with the cause for the eviction or can they verbally evict me
Morris Leo Greb
Morris Leo Greb
answered on Dec 15, 2022

Evictions procedures are governed by NJ statutes. The process must be strictly adhered to by the Landlord. Included in the statute is giving required notice which must be for a reason listed in the statute. There is no self help nor lockouts for residential leases permitted in New Jersey. In order... View More

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