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COVID-19 New Jersey Real Estate Law Questions & Answers
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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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Landlord gave us a letter on March 1st stating he's doing a 30-Day quick deed sale on the house we are renting

We have a month-to-month rental agreement and have been looking around, but there are no apartments or homes available within 15 miles for a rental. We have 2 teens in High School + a Special Needs child in Elementary.

We literally have nowhere to go without leaving the area and causing... Read more »

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

Presently, there is a stay of evictions signed by Governor Murphy under Executive Order 106 on March 19, 2020 as a result of the pandemic. The stay of evictions was recently extended by Governor Murphy and also by the federal government under the Biden administration. The CDC guidelines reference... Read more »

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
PREMIUM
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 »

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
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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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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
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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 »

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
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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...
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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
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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 »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How can I get people out of our property that are there illegally.

Recently we denied a potential tenant because they did not have proof of income, rent payment and a security deposit. They picked the lock to the unit and moved in. We told them to leave and they are saying they are going to stay because covid19 allows people to stay without paying rent. We are... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 26, 2020

Firstly, always remember that New Jersey Courts do not permit self help. If the facts as you state then are accurate then the persons occupying the premises are not tenants. They are trespassers. Go your municipal police station and sign a complaint for trespass. Also go to your municipal And... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Tenant wants to pay only half month of tent because he is moving out in the middle of month. Is this allowed under COVID

Lease expires at the end of month

Peter A. Michael
Peter A. Michael
answered on Jul 29, 2020

Under executive order 128, a tenant can use their security deposit to pay rent, so that may be an option to offer your tenants. Furthermore, if a tenant leaves with a balance, you may deduct that balance from the tenants security deposit. But it is CRUCIAL to send your tenant a security deposit... Read more »

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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