New Jersey Landlord And Tenant Legal Questions

You may want to have an attorney draft a letter outlining the law and demanding that the landlord pay the restaurant share of the bill. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More

If two names appear on a lease, they are joint and severably liable for the entirety of the lease. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More

A Sole Proprietor is liable for the debts and liabilities of the business. Additionally, when personally signing a lease, a person accepts personal responsibility for that lease. When a business goes into default, a commercial landlord will typically bring suit to evict and to recover rent through the end of the term (minus any mitigation amount from a new tenant in the space). An attorney may be able to review your lease and determine any defenses you might have. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More

Yes, you can represent yourself in court Landlord-Tenant court, however having an attorney who knows the process can be very helpful. A review of your lease and other particulars may reveal some defense you can raise, or an attorney may be able to favorably negotiate a settlement which does not involve you moving out. If you contact me by email (robert.colby@colbyandassociates.com), I may be able to arrange for representation or seek an adjournment, but one evening to prepare is not much notice. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More

You have several options. You can pay the rent and sue the landlord for breach of the lease agreement or you can withhold the rent. If you choose the latter, the landlord will presumably start an eviction action and you will have the opportunity to have a habitability hearing after you post the disputed amount into Court. Thereafter, the Court may grant you an abatement as a result of the lack of habitability. Should you have any questions I suggest you contact an attorney.... Read More

Just because you find someone to replace you under the lease doesn't mean the landlord has to accept your choice. A review of your lease agreement is required to determine your assignment rights. Otherwise, the 2 remaining co-tenants would be jointly and severly liable for the entire rent including your portion. The landlord could evict them should the entire rent remain upaid. Further, you expose yourself to suit not only from the landlord, but your co-tenants for breach of the lease agreement. I suggest working trying to work the matter out with your co-tenants and landlord if possible. Otherwise, you wish to contact an attorney for assistance. Good luck.... Read More

You should file an eviction action for non-payment of rent. Depending on your county, you should hopefully receive a court date within the next 3 weeks. Thereafter, assuming you receive a judgment of possession, it will take approximately two weeks to serve the warrant of removal and schedule a lockout. If your require any assistance with the eviction, you should contact an attorney. Good luck.... Read More

Your landlord has no obligation to provide you with a separate meter. I would ask the landlord to substantiate the charge by seeing the last several months utility bills and prorate the charge among the square footage of all the tenants. Should you have any further questions, I suggest you contact an attorney. Good luck.... Read More

Most contracts will have what is known as an integration clause which says something to the effect of "this contract is the complete understanding of the agreement between the parties with regard to this matter" and essentially it prevents exactly what you're talking about. Much of the point of writing a contract is to get in one place all the things the sides expect from each other. Thus, making changes to it later should be done with something more than a text message. I understand this is frustrating in your case and perhaps a clever attorney could, upon inspecting the contract, find a way to get the result you want, but on the face of it, it seems the contract would trump. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. The Law Office of Robert Colby, LLC73 Church StreetNew Brunswick, NJ 08901www.robertcolbylaw.com732-609-3915... Read More

If you lived in the leased premises during that 10 day period then you will be obligated to pay some portion of your rent. If you choose to withold your rent in full, the landlord will more than likely start an eviction action. At that point you will have the right to have a habitability hearing and the Judge will determine whether you are entitled to a rent abatement (percentage discount for lack of vital services). However, please be aware that before allowing you to have the hearing, the Court will require you post into Court the full amount of the rent at issue. I suggest that you speak with an attorney to discuss your rights and defenses. Good luck.... Read More

You seem to have a number of issues. First, your landlord may not forcibly remove you without first obtaining a judgment of possession through the landlord/tenant court. As far ass "terminating" the lease, the landlord may not so do unless it is for an enumerated "good cause" in accordance with the NJ Anti-Eviction Act. Certain "causes" requires you to have been provided with notice and an opportunity to cure the offending conduct while eviction for non-payment of rent may be filed immediately and without prior notice. Second, the landlord may not try to forcibly remove you by turning off your utilites. I strongly suggest you contact your local authorities as it is a disorderly persons offense to turn off utilities in an attempt to evict a tenant (and the landlord refuses to turn them back on after being instructed by a public official to do so). I strongly suggest that you communicate with an attorney for assistance in this matter. Good luck.... Read More

I would need a little more information to answer your question. Is the Landlord the same limited liability company? When you meand pay to an "LLC account" do you mean have the rent check made payable to a limited liaiblity company? As a result of the above, I suggest you contact an attorney to answer your question. Good luck.... Read More

Under no circumstances may the landlord take the law into his/her own hands and forcibly remove your from the premises. The question however is whether your arrangement constitutes a landlord/tenant relationship such that the landlord may avail him/herself of the landlord/tenant court and whether you are entitled to the protections of the NJ Anti-Eviction Act. I would therefore strongly suggest that you speak with an attorney to discuss your rights in this matter. Good luck.... Read More

When a landlord fails to make due repairs a tenant has three options: withhold rent to force repairs, make the repairs and deduct from the rent, or sue to force the landlord to make the repairs. Each option has its own requirements including notification standards.  If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free.       The Law Office of Robert Colby, LLC   73 Church Street   New Brunswick, NJ 08901   www.robertcolbylaw.com   (732) 609-3915   Admitted in New Jersey  ... Read More

This is typically listed in the court order granting relief, but typically, no. A hardship relief generally extends the time before a lockout can occur, without extending lease payments. I would need to take a look at your court order before I could say for certain in your case though. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey... Read More

Landlords (and agents of the landlord, such as maintenance people) are only allowed to enter leased premises upon reasonable notice to the tenant, unless an emergency situation requires immediate attention. Courts usually find that 24 hours notice is appropriate when no emergency exists. If this happens again I would suggest alerting your landlord and if this does not resolve the situation then you are within your rights to call the police and inform them of persons intruding upon your leased property. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey... Read More

Landlords (and similarly housing associations) are given time to resolve such issues based upon a reasonableness standard. So for instance, if a tenant notifies the landlord that the building is without heat, the landlord is expected to have someone repair the heating very soon after he or she is made aware, typically within a day or two. On the other hand, if a tenant notifies the landlord that the shower has a slight leak, the landlord may have a week or two to have a repairman fix the leak. Given that your association has taken several months, this seems outside of the time a reasonable landlord would take. Your options are (a) bring a suit to force them to do the repairs, (b) make the repairs yourself and either file a suit to recover the costs or withhold the costs from the dues, or (c) stop paying the dues entirely to force the association to make the repairs. Each of these options requires certain notification requirements, so you may want to consult with an attorney before exercising any of them. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey... Read More

Evictions can be filed by a landlord for many types of breaches of the lease, and this is usually done before the expiration of the lease term. I would have to take a look at your lease and hear more about what sort of breach the tenant commited in order to determine whether it is grounds for eviction. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey... Read More

In New Jersey you cannot be evicted without a court procedure, typically in which a landlord files a complaint for non-payment or some other breach of the lease. If you have already been through this procedure and the agreement you had was a court order, then the landlord does not have to give you any more time to stay and you can be locked out by the sheriff. If the agreement you had was merely an informal agreement with the landlord, then he or she will still have to go through the eviction court procedure, which should give you enough time to come up with the back rent. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey... Read More

Yes, you have a right to the return of your security deposit. A security deposit is not supposed to be used to cover damages caused by things outside of the control of the tenant, such as a hurricane. If you want your security deposit back I suggest filing a case in special civil division, which can be done pro se. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey... Read More

The landlord cannot insist you live in the apartment all the time. However, the return of the security deposit is based on the condition of the apartment and damage, if any, beyond normal wear and tear after the tenant vacates. You can call me at my law office at (732) 888-4400 to discuss in more detail and/or schedule a free consultation. Thank you. LAW OFFICES OF MARC B. SCHRAM, P.C.... Read More

You must request the landlord to make the specific repairs together with the reasons why in writing. You should either deliver the letter to your landlord by hand-delivery or by certified mail, return receipt requested. Advise the landlord that no further rent shall be paid until all of the requested repairs are properly made.   If and when the landlord commences an eviction action for non-payment of rent, you can request the court to conduct a Marini hearing because the tenant alleges that the landlord has violated the warranty of habitability and therefore the tenant is entitled to a court-ordered reduction in rent. However, please understand that the court withe conduct the Marini hearing ONLY if the tenant posts the FULL amount of rent claimed due, excluding late fees, court costs and attorney's fees. if the tenant cannot post the full amount of rent due, the court will NOT conduct the Marini hearing.   MARC B. SCHRAM, P.C.... Read More