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COVID-19 New Jersey Questions & Answers
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... View 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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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My new landlord is not renewing my lease and I'm going to be homeless. I'm on SSI and disability. Im stuck
Derek John Soltis
Derek John Soltis
answered on Jul 26, 2020

You are a long way from being homeless at this time. The only way to legally remove you from the property is by eviction. Because of Covid, there is an eviction and foreclosure moratorium. And in NJ there are tens of thousands of evictions already filed that are going nowhere. And, you would... View More

2 Answers | Asked in Family Law for New Jersey on
Q: Visits and COVID-19 quarantine

I live in the state of New Jersey and have custody of my niece , her mother lives in a state that the New Jersey governor has put on the 14 day quarantine list and I have a poor immune system. She is only aloud 1 day time visit and no over nights but like I said her state that she comes from is on... View More

Richard Diamond
Richard Diamond
answered on Jul 22, 2020

Not an easy issue to resolve given that you have a compromised immune system and the biological mother has significant restrictions on her contact / access to her daughter. Im guessing that the reason for the non-overnight plan in place has to do with concerns for the mothers mental health issues... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: Green card holder stuck abroad

Hi

I am a lawful resident that went to visit my family abroad in February and got stuck due to COVID-19. I am nearly 180 days outside the United States and not sure I can be back before they open the airport here. Can I be denied entry back to the states and be considered as abandoning my... View More

Kyndra L Mulder
Kyndra L Mulder
answered on Jul 13, 2020

The US government is well aware of the situation and that many LPR's are victims of the same circumstance. Even so, contact your US consulate and advise them of your situation. Keep a record that you did so. Also keep a record to indicate that you have maintained a residence inside the USA.... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: put on leave of absence without pay during pandemic,collecting unemployment.Now offerred 2xlessto go back to work.Legal?
Rhiannon Herbert
Rhiannon Herbert
answered on Jul 7, 2020

The Fair Labor Standards Act (the federal laws governing this situation) don't provide a lot of protection against this sort of issue. Under the FLSA, you need only be paid at least minimum wage for all hours of work you perform. So, while your situation sounds unfair, as long as you are still... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: How long does it take for 3 year old to get a U.S passport if they are already a citizen due to being born in the U.S
Kevin L Dixler
Kevin L Dixler
answered on Jun 6, 2020

This depends upon the facts and evidence.

The COVID19 virus has slowed passport processing. Many are complaining about unusually long delays in processing in excess of four to eight months.

Yet, more information is needed. Was the child born in a hospital? Or born with a midwife?...
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1 Answer | Asked in Immigration Law for New Jersey on
Q: Could you please help me?

I had an L2 visa that expired on March 25.

My I-94 expired on March 31.

My spouse, L1 visa holder, had the same visa expiration date, but their I-94 has not expired yet.

We both departed on April 12.

My spouse’s company’s attorneys supposedly filed the extension... View More

Matthew J Hartnett
Matthew J Hartnett
answered on May 7, 2020

You did technically overstay since the filing was rejected. However, I doubt it will have any consequences. Unlawful presence is most problematic when a person remains in the USA and is trying to change status to another visa or adjust status. However that is not the case with you. For those... View More

3 Answers | Asked in Domestic Violence for New Jersey on
Q: How do I know if I’ve been charged with a crime during Covid

My boyfriend and I had an incident last week where the police were called. I received a victim notification form but did not ask for a restraining order, we do not want anything to come from this incident. He did not receive any paperwork himself was not detained or arrested, does this mean he was... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 5, 2020

Generally most people are charged at the scene. However more and more many people are receiving a criminal complaint by mail and this can take 1 to 5 years before the statute of limitations would run. If you get a complaint in the mail immediately hire a good criminal lawyer

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: I own a home with mom that pasted away and have a mortgage. I have 4 siblings that won’t let me rent out the apt

I can’t afford the mortgage by myself. I have a sibling that lives There and pays nothing. Now that my mom is gone refuses to pay anything.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2020

I am sorry to learn of your Mom's passing. I know exactly what you went through. What you are going to need to do to solve this problem is to bring a partition action to enable a sale of the property. If your mom past without a will then you will need a Probate attorney in addition to a civil... View More

2 Answers | Asked in Child Support for New Jersey on
Q: My ex husband had stopped paying child support and giving the rent money for 3 weeks now due to covid-19. What can i do?

He has his own company but no work coming in. He usually pays our rent and divides the amount weekly. Im unemployed waiting on unemployment, i have no income whatsoever, and we have 4 children, they all live with me.

Richard Diamond
Richard Diamond
answered on Apr 28, 2020

Your setting is terrible and im truly sorry for how this pandemic has destroyed your family's financial setting. Before resorting to the court system for relief, can you reach out to your former husband and ask him to sit down with you ( on the phone or otherwise) to figure out how to work... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Our 12 m lease expires at the end of July. The lease says 'the tenant must be offered a renewal of this lease unless

there is good reason not, to under applicable law, not less than 90 days from the expiration date. This date is very soon, so I asked the 'Landlord' for the new lease. The lease was signed by the person who had power of attorney for the owner, so they are our landlord. We found out last... View More

Derek John Soltis
Derek John Soltis
answered on Apr 24, 2020

As a tenant, when property is sold there are only very specific reasons that tenants can be evicted. Since the eviction courts are closed except for emergency matters, the odds of being forced out during a pandemic are approaching 0. If you need legal advice, talk to an attorney.... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: Can we take temperatures of employees daily upon entering workplace?

We are a manufacturing facility deemed "ESSENTIAL" we want to gradually bring plant workers in as needed but I am confused as to what our rights are -

Kyle Anderson
Kyle Anderson
answered on Apr 22, 2020

EEOC guidance states that, because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees' body temperature. As with all medical information, the fact that an employee had a... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: My employer is essentially threatening me with unemployment if I do not "contribute" while on furlough. What do I do?

Due to COVID-19 the entire small business of 10 employees was put on furlough. My manager told me, "we can only ask you if you would like to volunteer and your job isn't in jeopardy." But later in the day, I get a call from the owner with thinly veiled comments that I might not be a... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 22, 2020

Under the Fair Labor Standards Act, you must be paid for all hours worked. If the work your employer is asking you to "volunteer" to perform for no pay is the same type of work you normally perform for pay, then you should be paid for this time and any other "volunteer" work... View More

2 Answers | Asked in Child Custody for New Jersey on
Q: I have residential custody of my child who is 13 1/2 yrs old. His father and friend live 1 hr away.

Concerned about him going there for spring break I have Diabetes type 1. Hypertension and stage 1 kidney disease. He won’t tell me where he and his friend have been. There is no verbal communication. how do I handle this during this pandemic.

Teresa L. Reichek
Teresa L. Reichek
answered on Apr 15, 2020

Thank you for your question. We are seeing this same issue again and again, and we understand that there is increased anxiety all around for people who are co-parenting in these difficult times.

In general the courts are not considering "what if" scenarios, they are enforcing...
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3 Answers | Asked in Family Law for New Jersey on
Q: Mom is denying parenting time from dad due to virus because mom has asthma. Can father win if he files emergency motion?

Can one parent deny the other parent parenting time because of the virus if the other parent has been acting responsibly?

Richard Diamond
Richard Diamond
answered on Apr 14, 2020

In theory, dad should win. In reality, any lawyer who tells you that he / she can file an emergent application at this time and can tell you how the judge assigned to handle this issue will response, is being disingenuous with you. To begin with, emergent parenting time applications are being... View More

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4 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: In New Jersey, will I be able to keep stimulus check 2020? I'm disabled on SSI and SSD and will be filing chapter 7.

I'm in the process of starting Chapter 7 and will be receiving help from nonprofit organization that provides legal services to low income individuals. I was assigned a lawyer but because of COVID-19 was not able to meet and give the packet of information they sent me to him. Another... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2020

No one here can provide a precise answer to your questions, and despite the COVID-19 pandemic you can still send your bankruptcy information packet to the attorney. Your bankruptcy cannot start until your attorney files the petition with the Court, which can be done electronically. Since you have... View More

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1 Answer | Asked in Immigration Law for New Jersey on
Q: What options I have to file H1B extension based on I-140 approval?

I will be completing 6 years of my H1B visa by 30Sep2020. And have approved I-140 received in March-2020. I understand that I can now file for 3 year extension of H1B based on I-140 approval.

I am currently located in India on vacation, but may not go back to the US due to the Coronavirus... View More

Adan Vega
Adan Vega
answered on Mar 28, 2020

Your employer (and not you) can file the FORM I-129H prior to September 30, 2020 to request the extension of the H-1B. If you are abroad at the time that the request for the extension is filed and approved by USCIS, you will have to visit the appropriate U. S. Consulate to apply for the H-1B visa.

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