Layni S Rothbort’s Answers

Layni S Rothbort

Millburn Real Estate Attorney.

Contributor Level 13
  1. NJ Anti Eviction Act- Landlord has to renew lease?

    Answered 3 months ago.

    1. Layni S Rothbort
    2. Arthur R Panza
    3. Matthew R Schutz
    3 lawyer answers

    The answer to your question depends on whether or not this is an owner-occupied building with 3 or less apartments. If it is , then the Anti-Eviction law requiring "cause" to terminate a tenancy does not apply. However, the law prohibiting self lockouts does apply, meaning that the landlord must file an eviction lawsuit, obtain a judgment for possession and wait for a court-appointed officer to perform the lockout, if you fail to move out by the time the landlord indicates you must vacate....

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  2. Need advise from experienced lawyers specialize in landlord/tenant law, evicting process, possible suit for damages

    Answered 2 months ago.

    1. Layni S Rothbort
    2. Jena R Silverman
    3. Raymond Andrew Grimes
    3 lawyer answers

    Unfortunately, it appears that you should have consulted an experienced landlord-tenant attorney before sending out the notice to quit, because the situation you have described requires that prior serving such a notice, the landlord must first serve a Notice To Cease. Under New Jersey's Anti-Eviction Law, there are 17 enumerated causes for terminating a lease and many of them require both notices be sent before a landlord can begin eviction proceedings. When a tenant is being accused of...

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  3. How do I get tenants to pay the rent on time or get out? Rent was due on 9/15 and I still don't have it!(9/28) 2 weeks late!

    Answered about 1 year ago.

    1. Layni S Rothbort
    2. Raymond Andrew Grimes
    3. Stephen Ross Cohen
    3 lawyer answers

    You can send them a Notice to Cease for habitual late payment. You must then wait two months to see if they comply with said notice. If they continue to pay late, you must them send them a Notice to Quit, setting a date one month in advance by which they must vacate the premises. If they fail to vacate by said date, you can then file an eviction complaint in the county Landlord-Tenant court where the property is located.

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  4. I am going to rent a condo unit on 7/1/13 In the lease it states that if the unit is sold I have 60 to vacate if new owner occup

    Answered over 1 year ago.

    1. Layni S Rothbort
    2. Steven Todd Keppler
    3. Steven Warren Smollens
    3 lawyer answers

    There is no law requiring such a clause in a condo lease, but there is a law that requires a landlord to give a tenant 60 days' notice if the landlord wants to occupy the unit himself. Furthermore, if the landlord is selling to a buyer who wants to move in, there must be a contract for sale and the contract must state that the house or apartment will be vacant at the time of closing. That being said, even if all of the above conditions have been met, if the tenant fails to vacate within the...

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  5. Landlord replaced stove and fridge after 22+ years of use. Now he is charging me for them. Can he do that?

    Answered over 1 year ago.

    1. Layni S Rothbort
    2. Steven Todd Keppler
    2 lawyer answers

    A landlord may not retain a tenant's security deposit for property conditions that are due to nothing more than ordinary wear and tear. The landlord must be able to prove that the damage complained of was caused by the tenant misuse or negligence. The landlord would also have to prove that the damage done by the tenant was so bad that replacement was required. These would be factual issues for a judge to decide based on whatever evidence, such as pictures, receipts, etc., that each party...

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  6. My sisters husband has recently been deployed into army boot camp and her landlord has been informed of his deployment and the

    Answered over 1 year ago.

    1. Layni S Rothbort
    2. Steven Todd Keppler
    3. Adam Lefkowitz
    3 lawyer answers

    If all rent, both what was owed for previous months as well as for the current month (June) has been paid, then a landlord cannot evict for non-payment. Payment is an absolute defense to eviction for non-payment. However, it is not clear how a landlord could get a court order to evict "behind her back" when a Summons and Complaint must be served upon a tenant, which gives the tenant the date and time of the court appearance that is required to obtain an eviction order. If the tenant does not...

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  7. Can landlord rescind a rental lease after 1 day of signing the lease in NJ? is there 3 days review period?

    Answered 4 months ago.

    1. Layni S Rothbort
    2. Matthew R Schutz
    3. Leonard Roy Boyer
    4. Raymond Andrew Grimes
    4 lawyer answers

    There is no 3-day rescission period on a lease. Once the lease is executed by both the landlord and tenant, it is a valid contract enforceable by either party. Should either party fail to honor the terms of the contract, they can be held liable for the damages suffered by the other party as a result of the breach of contract.

    7 lawyers agreed with this answer

  8. In NJ, if landlord provided cable/internet, lease expired, and tenants stopped paying, can landlord disconnect cable/internet?

    Answered 11 months ago.

    1. Layni S Rothbort
    2. Douglas Wayne Jones Jr
    3. Matthew R Schutz
    4. Peter J Weinman
    4 lawyer answers

    When a lease expires but the tenant remains in the property, the tenancy converts to a month-to-month tenancy. If the cable and internet service is included in the rent but the tenant is not paying the rent, how does the tenant expect the landlord to pay for the service? Since a lack of cable and internet would not be considered essential services (heating and water service would be essential), the tenant would not have a habitability claim and couldn't claim constructive eviction. Unless...

    7 lawyers agreed with this answer

  9. Hi, My teneants didn't pay last two months rent and then left the house upo n expiration of lease. Its been 4 months .

    Answered over 1 year ago.

    1. Layni S Rothbort
    2. Steven Todd Keppler
    3. Adam Lefkowitz
    4. Mathew Jason McKay
    4 lawyer answers

    Late payment fees are a contract issue; there is no law that sets such fees, so if a lease does not have a provision setting forth the imposition of such fees, a landlord is not permitted to collect them. When an eviction case is being heard by the court, the judge may ask to see the lease as proof that the tenant agreed to pay such fees before issuing a judgment. The same holds true for a collection action, where a landlord is suing for the money a tenant (or former tenant) owes; a copy of...

    7 lawyers agreed with this answer

  10. Does an NJ landlord need 'good cause' to end a month to month lease?

    Answered 3 months ago.

    1. Layni S Rothbort
    2. Joseph John Console
    3. Jordan Dascal
    3 lawyer answers

    Mr. Console is not licensed to practice law in the State of New Jersey and apparently is not familiar with New Jersey's Anti-Eviction Law, which requires "cause" which is defined as 17 specific scenarios by statute to terminate any lease, except a lease for rental in an owner-occupied building with 3 or less rental units. Even if your situation qualifies for the exception, the landlord must still file an eviction action and wait for a judgment for possession to be granted before you could...

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