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My landlord said that in order to stay after my lease expired to sign a month to month lease and pay $100 each month if I don’t want to renew my lease again , I’m leaving here for 7 years and never hear about this new agreement ! This is a new Managment , or renew my lease and pay 500 and move... View More 
answered on Jan 17, 2021
This is not a legal issue but a business decision you need to make. Either choice would be legally valid. Just make sure which ever choice you make, it is reduced to writing and signed by both you and the Landlord.
The year, month and the word rent. My checks were cashed for three months. Now I received a letter saying that I owe thousands of dollars. When they cashed my checks, they accepted my rent for that amount. Correct?
answered on Jan 16, 2021
Depending the facts which are not disclosed, you may be considered a month to month tenant. The Landlord, upon proper notice to you, could impose a rent increase. If there were a written lease, the rent may increased if the lease provides for such increase during the lease term or increase the rent... View More
Hopewell Township's (Mercer County, NJ) Public Health Nuisance Code contains the sentence "Wherever there is a question as to the significance of an alleged infraction or the factual existence of an alleged infraction, the prudent judgment of the health officer or other enforcing official... View More
The situation is as follows:
Landlord sent out a new lease to a potential tenant A and within 48 hours, decided to give it to potential tenant B. Landlord has not signed any lease with A and hasn’t taken any money from A. Property in in NJ. Is it okay to do?
Want to do some flip deals with a few investors my part would be mostly to find, negotiate and secure the deal Just want to make sure I am not stepping into broker territory since I am not a licensed agent.
I want to know the legal aspects of doing this in terms of due on sale clause. I know another attorney who has a few ways to help avoid the clause being triggered but that attorney was not in NJ so I want to know if what this attorney is saying can apply here.
answered on Dec 22, 2020
Whether or not the attorney to whom you have spoken can or represent you in a NJ transaction is a question only she can answer.
I wanted to know if there are any ways to help prevent the due on sale clause.
Thank you.
answered on Dec 22, 2020
if the existing first mortgage is a VA mortgage, a purchase "subject to" is possible. However, the Seller may wish to be relieved as a responsible party and make this a condition of sale. The other ways, depending on the exact language of the existing mortgage due upon language, are a... View More
answered on Dec 17, 2020
The Committee on the Unauthorized Practice of law in Opinion 35 affirmed the right of a NJ licensed real estate broker to prepare a contract for the sale of residential real estate. It further opined that a NJ licensed real estate broker may not do so for commercial property transactions.
Can they write a contract for LEASE for residential or commercial?
answered on Dec 4, 2020
Have you been served with a complaint? If so, you have a right to file an answer and have the matter heard by a Court of competent jurisdiction. The summons attached to the complaint will explain how to file an answer. The answer can be as simple as a general denial of the allegations in the... View More
Will not renew our lease and we must vacate by 12/31/20.
We plan to vacate however we need a few months to find another home, pack and leave. I am concerned of moving in the middle of winter as I have several autoimmune diseases and I am may be vulnerable to COVID-19.
I have... View More
answered on Nov 30, 2020
Stay in premises and continue to pay rent. Try to negotiate an extension of the lease to enable to find new living accomodation. In any event, should LL file suit for eviction, except for non payment of rent which permits filing immediately, he must follow appropriate court procedure. If the matter... View More
I own my property (fee simple) and cannot see how an HOA can prevent my parking a vehicle in my driveway when, at the same time, said vehicle can be parked, legally, on an adjacent town-owned street.
My HOA says I cannot park my pop-up camper in my driveway at any time, however, it is legal to park it on the street, as the street is a public thoroughfare.
answered on Nov 28, 2020
Is your assumption that the street is a public thoroughfare or is it part of the HOA? If part of HOA, parking can be restricted. If it is a municipal street, check with the municipal zoning ordinances if such parking is prohibited.
Sole owner LLC has only one asset, the deeded property. Since 2005, LLC has not done any other business (no profit or loss). LLC Never filed any annual reports, has no bank account, never filed a tax return. Question: does revoked LLC have to be reinstated to "wind down" business (sale of... View More
answered on Nov 27, 2020
A prudent buyer will requirea tax clearance letter from the State. The buyer will file a bulk sales notice with the State. You will need to provide your TIN so that the notice can be filed.
The house has public sewer in the street but was never conected to the house when I bought the house they did not mentioned the septic system in the back yard. Now I am responsable for conecting to the public and it is too expensive! The realtor told me that sorry but it was too late and I dont... View More
answered on Nov 22, 2020
Unfortunately, unless there was a specific representation in the contract to purchase, failure to do approproate due diligence, resulted in the cost of connecting to the public sewage system falls on your shoulders.
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... View More
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... View More
answered on Nov 12, 2020
Is there a written lease? If so check the terms of the lease to see whether there is any provision concerning Landlord’s right to access. Secondly, there should be a provision granting you ‘quiet enjoyment’ which would mean that if the request for access is for a non emergent or non essential... View More
answered on Nov 3, 2020
Good question. Your name is not on the note but you will be required to sign the mortgage. The reason being that in the event tho loan goes into default, the lender will be able to cut off any property interest you may have in the property. When applying for the loan, discuss this with the loan... View More
I need to know what are the best options to minimize the loss for breaking the lease.I do informed 2months before.I may vacate by end of December
answered on Oct 30, 2020
There is no ‘break the lease’ methods that are favorable to the tenant. You may negotiate with the landlord for an early termination but any agreement may include forgoing of a part or all of your security deposit, if any. If you leave without an agreement with the landlotd, you will be... View More
answered on Oct 27, 2020
You should send the tenant a notice the lease period ends at the end of the next month at least thirty days prior the end of the lease term. For the notice to be effective for November 30th, the tenant should receive notice on or before October 1st. If you wish, you may advise the tenant that the... View More
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