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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Can I stop eviction due to landlord wanting apartment for granddaughter after 10 years of tenancy?

I have been living in my apartment for over 10 years and have always paid rent on time. My landlord has given me 60 days’ notice to evict me, stating that she wants the apartment for her granddaughter. I have no lease agreement, and my tenancy is month-to-month. There are no local laws protecting... View More

Matthew Schutz
Matthew Schutz
answered on May 12, 2025

Your landlord can evict you from the apartment if it is for his or her personal use. The fact that a grandchild wants to live there, is not a basis to evict.

2 Answers | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for New Jersey on
Q: How can I legally remove my adult son from my home in NJ due to alcoholism and refusal of help?

I need legal advice on removing my 50-year-old son from my home in New Jersey. He lives with us but has become an alcoholic, isn't working, and doesn't pay rent or have any lease agreement. Despite multiple discussions and offering financial help for treatment, he refuses assistance. Due... View More

Richard Diamond
Richard Diamond
answered on May 6, 2025

Let's talk parent to parent for a moment.

Legally, you get an order of the court as a result of a legal proceeding instituted against your son and then you serve it on the sheriff's department for enforcement to have your son removed and he refuses to leave.

Are you...
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0 Answers | Asked in Real Estate Law for New Jersey on
Q: Can I remove my son from the property deed in NJ?

I am concerned about complications with my property due to my son being on the deed. He is now 60 years old and has been a drug addict most of his adult life, arrested several times. He is listed as a joint tenant on our property's deed along with my wife and me, but he has never contributed... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for New Jersey on
Q: Can I sue for breach of quiet enjoyment due to threats and property damage?

I'm experiencing a breach of quiet enjoyment due to an unauthorized tenant who has repeatedly threatened me. Despite submitting video footage and a police report to the property manager, there has been no response or action, such as lease violations. An attorney attempted to evict the... View More

James L. Arrasmith
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answered on May 14, 2025

Yes, you may have grounds to sue for breach of quiet enjoyment, especially if your safety and peace of mind have been repeatedly disrupted and the property management has failed to take appropriate action. Quiet enjoyment means you have the right to live in your home without persistent threats,... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for New Jersey on
Q: Can my NJ landlord not renew my lease solely because he is selling the property?

I am renting a home in Trenton, NJ, and my lease ends in June. My landlord is selling the property and sent me a letter stating that he will not be renewing my lease. The lease agreement specifies that non-renewal can only occur with just cause. Is selling the property considered just cause in New... View More

James L. Arrasmith
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answered on May 14, 2025

vYour lease’s “just cause” non‑renewal provision controls here, and New Jersey courts generally treat a sale of the property as a valid business reason to end a tenancy—so long as your lease doesn’t explicitly forbid non‑renewal for that reason.

Because your lease term ends in...
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0 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New Jersey on
Q: Does an ambulance have the right to block access in a private roadway for non-emergency transport?

I am having an issue with an ambulance company that frequently blocks the roadway in my apartment complex. I live in an apartment with a private roadway that allows only one traffic lane in one direction, with parked cars, including mine, along the roadway. I park in a handicapped space assigned to... View More

0 Answers | Asked in Landlord - Tenant, Construction Law and Real Estate Law for New Jersey on
Q: Seeking legal steps to address poor insulation causing high winter electricity bills in Edgewater, NJ apartment.

I am currently living in a recently constructed apartment in Edgewater, NJ, and believe it is poorly insulated. During winter, our electricity bills have been very high, around $800 in January. There is a noticeable draft coming from the windows and balcony doors. Despite repeated requests and... View More

0 Answers | Asked in Probate and Real Estate Law for New Jersey on
Q: Steps after notarizing a NJ Quit Claim Deed for property transfer.

After our mother passed away, she had specified that my brother and I should divide her two properties. We decided that we would each keep one property and use a Quit Claim Deed for the transfer. What steps need to be taken after a New Jersey Quit Claim Deed is notarized to transfer the deed into... View More

0 Answers | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: What can I do about a neighbor's noisy modified car exhaust in NJ?

I have a neighbor with a car that has a modified exhaust, and it creates loud noise daily. This noise occurs very late at night and disturbs my sleep terribly. I haven't spoken to the neighbor because they're not very friendly. What legal actions can I take to resolve this issue?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: How can I address property maintenance issues and oppose a neighbor's zoning permit affecting parking in NJ?

I am having issues with my neighbor, who owns a two-family building. They don't maintain their property, letting the grass grow excessively, leaving the fence between our homes in disrepair, and allowing bags of trash to accumulate. I've recently received a letter from their lawyer about... View More

James L. Arrasmith
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answered on May 14, 2025

It’s incredibly frustrating when you work hard to keep your home in good condition and your neighbor’s neglect affects your property and peace of mind. In New Jersey, property maintenance issues like uncut grass, trash accumulation, and broken fencing are typically addressed through your local... View More

1 Answer | Asked in Personal Injury and Real Estate Law for New Jersey on
Q: Can I remove my neighbor's fallen tree and return debris to their property?

I live in Edison Township, New Jersey, and recently, my neighbor's tree fell into my backyard, damaging my fence. My neighbor claims it was an act of God and refuses to take responsibility. I am handling the fence repair myself, but the tree, which is large and partially hanging over both... View More

James L. Arrasmith
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answered on Apr 12, 2025

That sounds like a frustrating situation, especially when you're left dealing with the damage. In New Jersey, if a tree falls due to natural causes—like a storm—your neighbor may not be automatically liable unless there was prior knowledge the tree was dead, diseased, or dangerous. Since... View More

1 Answer | Asked in Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: Do I need ex-wife's consent for home viewings despite court order to sell?

I want to sell my house, but my ex-wife continues to stay longer than the court order dictates for it to be on the market. The court order mentioned that the house should be listed for sale in January 2025. Although she is not on the deed, according to New Jersey law, she is entitled to a portion... View More

James L. Arrasmith
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answered on Apr 12, 2025

If there’s a court order in place requiring the home to be listed for sale, then that order should be followed, regardless of your ex-wife’s comfort or personal preferences. Even though she may be entitled to a portion of the proceeds, her name not being on the deed limits her authority over... View More

1 Answer | Asked in Landlord - Tenant, Animal / Dog Law and Real Estate Law for New Jersey on
Q: NJ tenant refuses garbage duty, has unauthorized ESA

I own a multi-dwelling unit in New Jersey, which I occupy. I have a new tenant who refuses to take the garbage to the curb, although each tenant has assigned cans clearly marked. Although this responsibility is not outlined in the lease, I explained it upon his moving in. The tenant has been... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you have two main issues with your new tenant—garbage duties and the unauthorized emotional support animal (ESA). Since local regulations require tenants to take care of their own garbage disposal, and you've explained the responsibility to the tenant, you have a valid reason... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for New Jersey on
Q: Tenant facing mold issues, withholding rent per NJ law; landlord demands repayment. Lease rider sets trial in NY, tenant seeks legal advice.

I entered into a lease as a tenant in September 2024. Shortly after, I discovered major issues such as mold and water damage from the ceiling, which I reported multiple times starting on September 10, and again on January 4, 2025, when another room started leaking. These issues have not been... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s important to carefully review your rights under New Jersey law, as tenants are allowed to withhold rent when there are significant habitability issues, like mold and water damage. Based on the documentation you have—photos, videos, and records of communication—you likely have a valid... View More

1 Answer | Asked in Animal / Dog Law, Real Estate Law and Personal Injury for New Jersey on
Q: How to file a lien after a dog attack in NJ?

I require assistance in filing a lien against a property owner in Monmouth County, New Jersey, due to a dog attack that caused injuries requiring medical attention on my calf and forearm. I have evidence including a police report and body cam video. Despite sending legal letters through a lawyer,... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm really sorry you’re going through this. A dog attack is traumatic enough without having to fight just to be acknowledged afterward. If the property owner is ignoring legal letters, it's understandable that you’re looking for another way to hold them accountable.

In New...
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1 Answer | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Can I take legal action against my son for trashing my home in NJ due to OCD?

I am considering taking legal action against my 40-year-old son, who has OCD and has trashed the first floor of my home. I have photo evidence and one witness to the damage, which includes a filthy kitchen, bathroom, and living room. My son has not taken responsibility for these actions and shows... View More

James L. Arrasmith
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answered on Apr 12, 2025

I understand how difficult this situation must be, especially when you're dealing with both personal and property issues. In New Jersey, as the property owner, you do have the right to protect your home from damage, even if it’s caused by a family member. Since you have photo evidence and a... View More

1 Answer | Asked in Real Estate Law, Contracts and Civil Litigation for New Jersey on
Q: Can I sue for misrepresentation in a real estate transaction in Bergen County, NJ, after discovering an inaccurate bedroom count?

I was in the process of buying a house in Bergen County, NJ, through a cash transaction. The house was initially advertised as having 4 bedrooms, including 3 on the 2nd floor and 1 in the basement, with an additional office on the 1st floor. A day before closing, the building inspector found that... View More

James L. Arrasmith
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answered on Apr 11, 2025

This sounds incredibly frustrating, especially given the large deposit and last-minute discovery. In New Jersey, misrepresentation in a real estate transaction—especially if it involves the condition or legal status of the home—can be grounds for legal action. Advertising a basement room as a... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Landlord entered my apartment without notice while I was in the shower. Is this entry illegal?

I have been a tenant in my current apartment for six years, with my lease requiring 24-hour notice before entry, except in emergencies. Recently, my landlord entered my apartment without notice or permission while I was in the shower. He did this because he claimed that my Ring camera mounted on... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on common principles of landlord-tenant law, your landlord's entry while you were in the shower likely constitutes an illegal entry. Most states and municipal codes recognize a tenant's right to quiet enjoyment and privacy within their rented premises. Your lease explicitly requires... View More

1 Answer | Asked in Tax Law and Real Estate Law for New Jersey on
Q: What does removed taxation board judgment mean?

In 2021, I received a judgment from the taxation board regarding the assessment of my property. Recently, the tax assessor informed me that this judgment has been removed. There was no explanation provided, and there are no pending appeals or disputes related to this assessment. What does it mean... View More

James L. Arrasmith
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answered on Apr 12, 2025

When a taxation board judgment is removed, it usually means that the ruling or decision made by the board regarding the property assessment has been reversed, vacated, or no longer applies. This could happen for several reasons, such as a settlement, an administrative error, or a decision by the... View More

2 Answers | Asked in Gov & Administrative Law and Real Estate Law for New Jersey on
Q: Is it legal for an HOA in NJ to increase membership fees from $2500 to $5000?

The HOA in my community in New Jersey increased the membership fee from $2,500 to $5,000. They provided notice and the change was voted on and approved in a meeting. Is this legal?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

Without having an experienced civil litigation attorney review the by-laws, it cannot be determined conclusively. You should expect to pay for one hour of attorney time. I advise all my clients to NEVER buy any property with an HOA, condo or coop board. They are frequently either corrupt, or engage... View More

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