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New Jersey Real Estate Law Questions & Answers
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
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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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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Need help with daycare zoning application in NJ

I am planning to operate a daycare and need zoning approval. I would like assistance with both the preparation and submission of the zoning application. I am aware of the zoning classification for the intended location but need guidance on specific requirements and restrictions for daycare centers... View More

James L. Arrasmith
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answered on Apr 12, 2025

To establish a daycare in New Jersey, you'll need to navigate both zoning and licensing requirements. Here's a step-by-step guide to assist you:

**1. Confirm Zoning Compliance**

Start by contacting your local municipal construction official to verify that the property is...
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1 Answer | Asked in Real Estate Law and Personal Injury for New Jersey on
Q: Can I remove a fallen tree and return debris to neighbor's property?

I live in Edison Township, New Jersey. Recently, my neighbor's tree fell into my backyard, damaging the fence. He claims it was an act of God and refuses responsibility. I'm handling the fence repair, but I'm concerned about the tree, which is large and partially hanging over both... View More

James L. Arrasmith
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answered on Apr 12, 2025

You're in a tough position, and it’s completely understandable to feel frustrated when you’re stuck paying for damage caused by someone else’s tree. In New Jersey, if a healthy tree falls due to a natural event like a storm—what’s called an “act of God”—then the owner typically... View More

3 Answers | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for New Jersey on
Q: Can I legally remove my adult stepdaughter from my house in NJ?

I have allowed my adult stepdaughter to live in my house for over two years, but she is now an unwelcome guest. There is no lease or rental agreement between us, and I am the sole owner of the property. Her mother, my spouse, agrees with her removal. During her stay, my stepdaughter, along with her... View More

Anthony M. Avery
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answered on Mar 31, 2025

Hire a NJ attorney to sue Daughter for possession only.

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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for New Jersey on
Q: Do I need to return my roommate's half of the deposit if they leave?

I share an apartment with a roommate in Newark, NJ, and we both signed the lease agreement and contributed equally to the deposit. Now my roommate is leaving, and there is no written agreement between us about the division of the deposit. Our landlord mentioned that I would need to return my... View More

James L. Arrasmith
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answered on Apr 11, 2025

This is a common and tricky situation, especially when there’s no written agreement between roommates about what happens if one moves out early. In New Jersey, if both of you signed the lease and contributed equally to the security deposit, the landlord is only legally responsible for returning... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: NJ landlord: individual account for each tenant security deposit?

As a landlord in New Jersey with residential properties, am I required to open an individual account in each tenant's name for the security deposits I receive?

James L. Arrasmith
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answered on Apr 12, 2025

In New Jersey, landlords are not required to open individual accounts in each tenant's name for security deposits. However, they must adhere to specific regulations regarding the handling and management of these deposits.

**Deposit Requirements:**

Landlords must place security...
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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for New Jersey on
Q: Can my landlord replace a broken garbage disposal with a pipe?

Can my landlord replace a broken garbage disposal with a regular pipe instead of installing a new garbage disposal, even though my lease says appliances would be repaired or replaced? I haven't had previous issues with appliances, and I want to understand my rights under the lease terms.

James L. Arrasmith
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answered on Apr 11, 2025

It really comes down to what your lease actually says and how it defines the landlord’s responsibility for appliances. If the lease promises that appliances will be *repaired or replaced* and the garbage disposal was already part of the unit when you moved in, then removing it entirely and just... View More

3 Answers | Asked in Business Law and Real Estate Law for New Jersey on
Q: Can I pay a referral fee to a non-licensed person in NJ real estate?

I am a licensed commercial real estate salesperson in New Jersey. A business acquaintance, who is not a licensed real estate professional, has offered to refer real estate clients to me in exchange for a finder's fee, potentially around 5% of the transaction value. I am unsure about the... View More

Samuil Buschkin
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answered on Mar 26, 2025

In New Jersey, a licensed real estate salesperson cannot legally pay a referral or finder’s fee to an unlicensed individual for referring real estate clients. The New Jersey Real Estate Commission strictly prohibits compensating individuals who are not licensed under the New Jersey Real Estate... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Considering not making our final rent payment? New Jersey

Hello, my lease is ending on 03/31, I haven't payed this month rent yet. Right now I am in intense financial burden and have no money to spare for rent. I am moving out this Friday and had already v given 30 days notice back in February.

On my lease it's mention "In the event... View More

James L. Arrasmith
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answered on Apr 13, 2025

Given your financial situation, it’s understandable that you’re considering your options regarding the final rent payment. Since your lease mentions that any outstanding rent or charges can be deducted from the security deposit, you may be able to have the landlord use the deposit to cover this... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Real Estate Law for New Jersey on
Q: Is it legal for a PI to enter my garage without permission in NJ?

I live in New Jersey and have noticed a private investigator around my house as part of a School District residency investigation. Previously, when I observed someone I believed was stalking me, I contacted the police, and they informed me it was permissible for the investigator to be parked on the... View More

James L. Arrasmith
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answered on Mar 24, 2025

A private investigator entering your garage without permission would likely be considered trespassing under New Jersey law. In New Jersey, private investigators cannot trespass on private property while gathering information. Your garage, even without physical barriers, is still considered part of... View More

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for New Jersey on
Q: What are my rights with gas pipeline easement in NJ?

I am a property owner trying to build a fence, and there's a gas pipeline easement recorded in my property survey. I've followed all published requirements by the gas company and received consent after due process. However, an employee or team from the gas company is objecting due to a... View More

James L. Arrasmith
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answered on Apr 12, 2025

As a property owner, you have the right to use your land, but with certain limitations due to the easement for the gas pipeline. Since you’ve received consent from the gas company, that approval should generally protect your right to build the fence, as long as it doesn’t interfere with the... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Contracts for New Jersey on
Q: Should I take legal action over property buyout dispute with brother?

I co-own a property with my brother in Ventnor. I wish to sell my share, but he disagrees with the buyout price I'm asking, which ranges between $450,000 and $600,000. We've had three appraisals done, and we've been negotiating since July 2024 with the help of attorneys. Given this... View More

Anthony M. Avery
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answered on Mar 5, 2025

Hire a NJ attorney to file an action for a Sale For Partition.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for New Jersey on
Q: Do I own the items in my NJ house after brother's passing?

I purchased a home in New Jersey from my brother's trust in 2017. The title and deed are in my name, though there was a life estate clause for my brother. After he passed away in 2023, my sister claimed some items in the house, but no specific items were listed in his will or trust. These... View More

Leonard R. Boyer
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answered on Mar 4, 2025

You should consult an experienced Probate attorney to find out who is entitled to what. Good luck.

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1 Answer | Asked in Foreclosure, Tax Law, Real Estate Law and Consumer Law for New Jersey on
Q: Can a lien holder charge a foreclosure fee if property isn't in foreclosure?

I had a tax lien on my property, and the lien holder sent me a notice to pay within 30 days to avoid foreclosure. I paid before the deadline and have proof of the payment date, but the lien holder charged me a foreclosure fee anyway, which was added to the redemption amount at the tax office. The... View More

Leonard R. Boyer
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answered on Mar 4, 2025

No! That is not a valid charge. You need to consult an experienced mortgage foreclosure defense attorney and have the entire loan record. Good luck.

1 Answer | Asked in Estate Planning, Public Benefits and Real Estate Law for New Jersey on
Q: Protection for home title in mother's name due to age restrictions in NJ community.

I am 53 years old and want to purchase a home in New Jersey in a community where you must be at least 55 to live, for security and financial reasons. I intend to buy the home with my funds but title it in my mother's name. We plan to transfer the title to me when I turn 55 and live in the home... View More

Leonard R. Boyer
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answered on Feb 22, 2025

That would be a very serious mistake for all the reason you mentioned and more. NEVER ever get another family member or significant other or spouse involved with something you own. In addition a 55+ community will have a home owners associate, which I always tell my clients to avoid like the... View More

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