COVID-19 New Jersey Q&A by Practice Area

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COVID-19 New Jersey Questions & Answers
1 Answer | Asked in Criminal Law for New Jersey on
Q: if a certain person not to possess finds a gun and turns it over to cops can he still b charged?

my fiance found a plastic pellet gun down the cushion of a chair in the resort and casino room that we were staying in, he took it to security who called the local cops who arrested him charged him w certain person and possession, the casino took his photo and banned him then security came up to... Read more »

James A. Abate
James A. Abate answered on Feb 18, 2021

The only answer is to retain a lawyer. Recent orders from the NJ Supreme Court could permit his release while he waits trial. While his case is serious, the possibility exists of a jury aquital.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord sold the house I’m living in. He gave me a “notice to quit” of 60 days. Is that legal during the pandemic?

I am still in the process of trying to find somewhere for my family to move to but it isn’t easy trying to find somewhere to rent right now. Can a landlord who sold the property give you a notice to quit and still kick you out after 60 days right now?

Morris Leo Greb
Morris Leo Greb answered on Feb 4, 2021

Do did not indicate if you had a written lease. If there is a written lease, the terms of the lease control. If no written lease, the Landlord must conform to NJ statutes concerning eviction. The Landlord can not resort to self help. He must follow the procedures set out in detail in the statutes.... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: If I sell a property to my son for $1 to kick out a squatting, non-paying tenant, will this work?

I have a tenant in NJ who will NOT pay rent and knows he can get away with it for the time being due to covid.

Since his lease is month to month, am I able to sell the house to my son, and have the police forcefully remove him after a 2 week notice? I understand there MUST be a reasonable... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 3, 2021

No. That doesn't work. You still have to go to court. Your son could evict once he owns the property saying that he owns it and wants to live in an apartment. This is not a compelling argument for most judges at this time.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Lease break in New Jersey -

Is there a way to break a lease because we're not feeling safe anymore in a residence where we believe there's a failure to enforce covid19 rules?

Morris Leo Greb
Morris Leo Greb answered on Jan 31, 2021

Present the Landlord with a written demand for proactive steps for Covid 19 protection. Include in the demand a list of specific deficiencies. Set a reasonable dates for commencement and completion of the required repairs which must be done by licensed contractors. If the Landlord refuses, you have... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my father legally lock us out our home?

My dad changed the code to get into the house because he wants us to leave.

We’re both fully employed and are working towards moving, but need time to get out.

We never signed any legal lease/rental agreement or any other legal document detailing rent or leasing.

We do... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 26, 2021

Self help by a Landlord to cause an eviction of tenants is not permissible in NJ. In order to evict a tenant. a Landlord must follow the requirements specifically set forth in New Jersey statutes. To evict a tenant , the Landlord must file a complaint in court.

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for New Jersey on
Q: Can my employer be held accountable for possibly infecting me with covid for not quaranting after international travel?

He did Not quarantine, and said he got a 24hr test done at a place I know does not offer that service. Only 2-4 days due to it being a public testing facility. Also a few people also became ill immediately after his arrival.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 24, 2021

You can sue anyone, but can you prove that you got covid from him and not someone else such as when you wen to the supermarket for food. This would be the defense your employer would probably assert. Not that you shouldn't try and you may also be entitled to workers compensation insurance.... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: I married in PR live in NJ my ex-wife lives in Ohio we been separated for over 8 years can we get divorce from the u.s
Leonard R. Boyer
Leonard R. Boyer answered on Jan 14, 2021

Where you were married and where your wife lives are irrelevant to obtaining a divorce in New Jersey. If you meet New Jersey's residence rule. If she cannot be located, then service by publication is required. But that is not a problem. But, you must retain an experienced matrimonial attorney... Read more »

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2 Answers | Asked in Bankruptcy for New Jersey on
Q: I was told My chapter 13 case was dismissed because my lender was not agreeable to resetting my timetable for payment

I know the trustee was asking for a consent order for adequate protection payments for months..i been in bankruptcy for about 5 months why would the timetable have to be reset

Leonard R. Boyer
Leonard R. Boyer answered on Jan 11, 2021

I do not know whether or not you are represented by an experienced Bankruptcy attorney, or not, but if you are, then all your questions need to be directed to the attorney. Otherwise, you must retain counsel and have a document review and discussion of your present situation in order to provide... Read more »

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2 Answers | Asked in Gov & Administrative Law and Landlord - Tenant for New Jersey on
Q: I have a tentant owes 4 mths rent many times he uses the jobs checks not cleared yet and; I now when I state it doesn’t

Look like you can afford $550 a month I need the room back; he is using COVID-19 law as an excuse. And I never mentioned eviction or filed one What can I do? I real want him out mainly because of the smoking that was clearly stated on the agreement not to do. Do we as landlord have any rights with... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 7, 2021

The Court strictly follows the required statutory procedure for complaints filed seeking eviction of a tenant. To avoid having a case dismissed for failure to satisfy the statutory requirements merely prolongs your problems. My best advise is you retainan attorney to represent you in this matter.

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1 Answer | Asked in Contracts and Small Claims for New Jersey on
Q: A corrupt third-party ticket company refuses to give me a refund for a canceled concert

My concert was initially postponed, then canceled several months later. During a dispute with my credit card company (goods/services not received), the third-party ticket company sent me documents/evidence that assured me that I would get a full refund if the concert got canceled. (By the way, this... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 5, 2021

You may file a complaint against the company if it was doing business in your state. Each state has different jurisdictional limits as to which court you file a complaint. Call your county court and speak to he administator's office to determine in which to file the complaint and the fees... Read more »

2 Answers | Asked in Divorce for New Jersey on
Q: Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court in

Divorced in 2017 in N.J. Not amicably. I was awarded "life alimony". The ex just asked me to adjust alimony (no court involved, just "between us") to reflect his income loss for 2019 and 2020, and suggests 50 payments/year instead of 52.

My income is close to zero. He... Read more »

Richard Diamond
Richard Diamond answered on Jan 4, 2021

The real issue is whether your ex's income setting was impacted by Covid or whether he was claiming his income setting could not support his alimony obligation prior to Covid. If he was claiming to be unable to pay the amount of alimony owed in 2019, then the question is what took place... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: What are the penalties for custodial child support fraud? Submitting an exhibit for work related child care expenses?

Never sending child to day care while non custodial parent has to pay 50% of cost through child support?

Richard Diamond
Richard Diamond answered on Dec 30, 2020

I gather your former spouse filed an application with the court claiming that she had a child care expense of XX per month and asked that in the child support guidelines analysis used by the court, that it include an obligation for you to pay your share of that child care cost and now you have... Read more »

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: I have recived a 2a:35-1 12.4.2020 new jersey. Dose this code still apply under covid 19?
Morris Leo Greb
Morris Leo Greb 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... Read more »

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2 Answers | Asked in Child Support for New Jersey on
Q: I am unemployed , lost income due to Covid-19. I have tried paying child support best I can but I no longer able. Help

I need help to submit a modification request in New New Jersey. I live out of state. My kids are both In college and not at home. I was hoping the situation and pandemic would turn around for I have no ability to maintain those payments.

Paul Ylvisaker
Paul Ylvisaker answered on Dec 3, 2020

I recommend you go to the child support services office of the state whee the children live and open a case to request modification of your child support. Most agencies have online/telephonic services to some extent that can assist you with application process. Your biggest challenge will the... Read more »

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4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Leonard R. Boyer
Leonard R. Boyer answered on Dec 1, 2020

You really need to retain an experienced matrimonial attorney to obtain a Final Domestic Violence Restraining Order against him and contact the municipal prosecutor to file criminal charges against him. During this pandemic, you have a choice of either seeing your attorney in person or by way of a... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My family and I live in a single family residential house in Hunterdon county NJ. We received notice from LL that they

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... Read more »

Morris Leo Greb
Morris Leo Greb 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... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: What if my landlord does not want to renew my lease are do month to month during covid
Derek John Soltis
Derek John Soltis answered on Nov 17, 2020

Your location says Noncock, OH, but the question is posted in New Jersey? If you are in New Jersey the evictions courts are not really working at this time. Cases can be filed, but the sheriff's are not performing lock outs.

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1 Answer | Asked in Constitutional Law, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Since i wont date my landlord he has put my house for sale I pay my rent on time, what can I do?

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... Read more »

Morris Leo Greb
Morris Leo Greb 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...
Read more »

1 Answer | Asked in Sexual Harassment for New Jersey on
Q: Hello i need help for a case for my child
Leonard R. Boyer
Leonard R. Boyer answered on Oct 28, 2020

In order to obtain help, you are really going to need to consult with an experienced matrimonial attorney to find out what your exact situation is and then provide you with an effective plan of action. During the Pandemic, many quality attorneys will provide you with the option of an initial... Read more »

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: If a month to month lease is over can I tell a tenant to leave during covid in NJ ?
Morris Leo Greb
Morris Leo Greb 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... Read more »

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