COVID-19 New Jersey Q&A by Practice Area

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COVID-19 New Jersey Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Should I not pay my partial rent as LL failed to fix bathroom ceiling leak problem??

I am a decent tenant paying rent each month and following lease. I live in NJ. I got bathroom ceiling leak problem since 1 month. LL says this is due to tenant living upstairs using extra hose and not keeping bathroom floor dry enough. LL says they tried to request him to remove attachment as... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 15, 2021

Open an escrow checking account. Pay into that account an amount equal to the withheld rent on a timely basis. In form the LL that you will release the escrow to him once the necessary repairs are performed. Be sure that the amount of rent withheld is reasonable considering the work to be done.

1 Answer | Asked in Contracts for New Jersey on
Q: Can force majeure be invoked if there is no longer a state of emergency?

I signed a contract for a hotel for my wedding block last June 2020 (height of the pandemic).Wedding is Oct. 2021. The contract that I signed states that with 20 rooms booked, I will get a free shuttle service and if the rooms aren't booked then I can upgrade or receive a discount for one of... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 1, 2021

Yes, I believe you are on very strong grounds for several reasons. Although noted stated in you query, I am basing my response on the assumption that the agreements executed were prepared by the facility. Therefore, if there is a question of interpretation, the court will decide against the drafter... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: please see below

I have a house in NJ and a squatter living in there. I tried getting the squatter out but could not because of Covid laws. I sued in civil court and won a judgement of $14000 against the squatter.

When the court clerk called the squatter to make sure she got the court summons she told the... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 25, 2021

The first thing that you should do is proceed to enforce collection of the judgment. The procedure involves utilizing the services of a Court Officer. You may wish to begin by either doing the necessary paper work yourself, retain a credit adjustment company, or retain the services of an attorney.... Read more »

1 Answer | Asked in Criminal Law and Education Law for New Jersey on
Q: I'm looking for help with my daughter's virtual high school attendance...

She was given a school-issued Chromebook in September, when she started high school. Due to the pandemic, I kept all 3 of my kids virtual. Her particular Chromebook would not stay connected to my home wifi and she would use her personal laptop to log into school. On the days she used her laptop,... Read more »

Amber Forrester
Amber Forrester answered on Jun 21, 2021

You didn’t specify, but if you’ve got a court date, I assume you (and your daughter) are facing a truancy charge. That can be treated as a disorderly persons offense (NJ’s term for misdemeanor), and while the fine is low, it’s still not something you’d want to have on your background,... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Health Care Law for New Jersey on
Q: Q: Can I as a hospital employee bring a lawsuit against the hospital for trying to mandate the Covid-19 vaccine?

According to our US Constitution, Federal and State Citied Laws, this is absolutely illegal and unlawful to require or lose your job.

Carrie Dyer
Carrie Dyer answered on Jun 2, 2021

It is not unlawful for your employer to mandate the COVID-19 vaccine as a condition of employment. However, your employer is obligated to consider exemption requests if they are based on medical or religious reasons.

1 Answer | Asked in Construction Law for New Jersey on
Q: If a contractor took my money but has not delivered or installed product, is there anything I can do?
Leonard R. Boyer
Leonard R. Boyer answered on May 30, 2021

Yes, there is a great deal you can do, by retaining an experienced civil litigation attorney. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Is New Jersey an “at will” state? Does an employer have any right to mandate the experimental Covid shot?
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on May 20, 2021

New Jersey is an at-will state, but that does not apply to employees who have a contract with the employer, and it does not permit employers to terminate employees for unlawful reasons, such as retaliation or discrimination. Employers have the right to mandate that employees get the COVID-19... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: I have been battling a 4.5 year divorce. How do I get out of this? Judge is biased because ex is ill. No access 401k o

I filed a motion in January to finalize the divorce since I don't have access to my 401K. I also don't have access to my children's college funds (they are in college and we need the money). Still no response. During the last ruling, I filed with the appellate court because the judge... Read more »

Bari Weinberger
Bari Weinberger answered on May 12, 2021

Thank you for your question. It’s difficult to give a complete response without looking at the Orders entered in the case. A contested divorce taking over 4 years is not unusual especially if you live in a highly populated county such as Essex or Hudson. Now with COVID the time for completion... Read more »

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1 Answer | Asked in Child Custody and Domestic Violence for New Jersey on
Q: I recently applied for my firearms license in NJ. I was denied due to my "violent and aggressive history."

I've been in a relationship for 6 years now and he had a nasty divorce/custody battle in the first three years. His ex-wife filed multiple false police reports against me thinking that it would sway the custody verdict but she ultimately lost custody. In one of the reports, she coached her... Read more »

Richard Diamond
Richard Diamond answered on May 10, 2021

I would contact your local police chief and / or the county prosecutors office and ask for the background search material and the source[s] giving rise to the concerns voiced about you. The less confrontational you are with them, the more likely they will be to provide the information sought (... Read more »

1 Answer | Asked in Family Law and Child Support for New Jersey on
Q: In the state of New Jersey I pay child support but can’t offord it

I can offord the payment but I send something every week and I don’t have a job cause of covid but I do pay money to child support every week I have court soon and I’m not sure why

Teresa L. Reichek
Teresa L. Reichek answered on Apr 23, 2021

Thank you for your question. The court calculates child support based on a number of factors. To have that amount adjusted you need to prove a permanent change in circumstances. Unemployment is generally not considered permanent. You are likely being summoned to a court appearance for an... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord selling the house. The new owners want the whole house. Do I have to move under the covid relief thats in order
Morris Leo Greb
Morris Leo Greb answered on Apr 18, 2021

If you have a written lease, you may remain in the residence until the maturity date stated in the lease. If you are a tenant for a term up to a year. You may remain the premises until the renewal date. If you are month to month, the owner may obtain possession if the landlord follows statutory... Read more »

2 Answers | Asked in Civil Rights, Consumer Law and Criminal Law for New Jersey on
Q: I am a victim of theft by deception $14K, i filed in township municipal court . is that the correct action.

2 desired outcomes i am looking for

- stop this crime from happening to others( looks like this contractor has already done this with many other homeowners in princeton, monroe,hillsborough,flemington,south brunswick )

- refund of my money

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

This is a Civil case that must be filed in Superior Court, Law Division. As someone who has successfully handled a significant number of these cases, I can make some statements with a very high degree of certainty, which is good news for you. It is extremely rare that any Home Improvement... Read more »

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3 Answers | Asked in Bankruptcy, Business Law and Real Estate Law for New Jersey on
Q: If you personally guarantee a business loan and file bankruptcy, can the bank go after your house/primary residence?

I opened the doors to my s-corp in 2020 and due to covid I may have to file for bankruptcy. I have a great opportunity to buy a house now and don't know if the bank will go after my house for collateral. Should I wait to see what the business does or is it safe to buy a house prior to a... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Apr 1, 2021

I would never advise any client, ever to set up a Sub-Chapter S corporation. It offers no benefit to anyone other than the accountant who probably set it up for you. You need to have a strategy session with an experienced Bankruptcy attorney. You are not going to be able to purchase a new house at... Read more »

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2 Answers | Asked in Immigration Law for New Jersey on
Q: N 400 Naturalization Interview

Hello, I recently got married in February 2021 In india but I was unable to register the marriage with Indian govt. due to office closures(Covid) . I am a GC holder and had filed my N400 naturalization in dec 2019 when I was single. I have my interrview date in April 2nd week. My wife is in India... Read more »

Adan Vega
Adan Vega answered on Mar 31, 2021

You should confirm whether your marriage in India is a valid marriage. You can contact an attorney in India or the Indian consulate nearest you to verify the validity of your marriage.

Once you confirm that your marriage is in fact valid and lawful then you can present that information at...
Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is this rent increase of 7.8% legal according to NJ Law? To whom do I address first to stop it before 5/1/21 deadline

My lease ends 6/30/21. I just received my renewal form from my complex with a $58 increase. I've been here 6 years rent has never been late, and never had complaints on me. The increase has always been 20/year until 2020 when they felt in the middle of Covid it was ok to raise it to 35/year... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 24, 2021

The answer depends upon whether or not the municipality in which you reside has some sort of rent stabilization or rent control ordinanc. I suggest you call legal aid in the county where you reside to discuss the issues.,

4 Answers | Asked in Bankruptcy for New Jersey on
Q: My sister just lost her husband to COVID. Her husband left her with $100,000 in credit card debt.

They own a home with a mortgage of about $300,000. He owns another home with a mortgage of about 150,000. She’s not working, she’s a retired nurse. Can she claim bankruptcy?

Derek John Soltis
Derek John Soltis answered on Mar 24, 2021

She would have to provide her documents to a bankruptcy attorney to get the best answer. She most likely could file a chapter 13 to protect the assets which is a repayment plan over 3 to 5 years based on her income. She may even be able to file a chapter 7 to wipe out the excessive debt and still... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: Am I suppose to get paid for time of if exposed to covid 19 ?

if another employee tested positive for covid and the doctor advised to stay home for 10 days after exposure.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 23, 2021

The Fair Labor Standards Act is the federal law that governs the payment of wages, and it only requires that you be paid for time you are actually performing work. So, while employers have the option to pay employees for time off for illness or injury, it is not required under the FLSA.

2 Answers | Asked in Foreclosure for New Jersey on
Q: if there was a deficiency judgement filed and awarded, how long does the mortgage company have to come after me?

how do i find out if there was a judgement against me? I did not receive anything and the auction sale was 11/2018

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2021

The mortgage company has a substantial amount of time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney to eliminate this problem for you. If the property sold at sheriff sale for less than what is owed (a virtual certainty in 2018) then there is a... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: As a paying tenant in NJ, do I have to allow strangers in my home for showings of my apartment during the pandemic?

To add - I am currently on a month-to-month lease while actively searching for a new home to purchase (first time). I have been "reasonable" with my landlord in showing the unit, but I feel that they are intruding more than is absolutely essential. What are my rights in this situation?

Morris Leo Greb
Morris Leo Greb answered on Mar 11, 2021

All leases in NJ whether written or oral, are deemed to have included the right of the tenant to quiet enjoyment. This means, among other things, that no one has a right to enter your premises without your permission. The exception to this is the right of the landlord to enter in case of an... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I evict someone from apt. For cocaine use despite covid ban in NJ? He is roommate, refuses to leave.

refuses to leave or pay rent. Has used cocaine about three times in past 10 days.

Barbara Ungar Esq.
Barbara Ungar Esq. answered on Mar 4, 2021

You are entitled to quiet enjoyment of the premises. The use of marijuana in the premises is a violation of your lease. The landlord needs to take action to ensure that you have quiet enjoyment of your premises. Pursuant to the memorandum of the Administrative Office of the Courts in July, 2020,... Read more »

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