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Layni S Rothbort

Layni Rothbort’s Answers

658 total


  • Section 8 voucher

    I was on my mothers srction 8 voucher for a 3br in nj. I moved out and they are forcing her to move to a 2 br.. Its just her and my 22yr old brother. Cant they still stay there and just pay the difference? The guy from the office told her she coul...

    Layni’s Answer

    You have already asked this question and several attorneys responded. As previously indicated, federal regulations require your mother to move to a smaller rental unit now that her family size has been reduced by your moving out. Paying additional money to remain in the larger unit might very well result in her losing eligibility for any subsidy at all since she will be demonstrating that she has money to pay rent.

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  • As an Owner/Seller of a house in Monmouth County, NJ, what are our obligations or requirements to sell the house "AS IS" ?

    We are having a new custom home built. Looking to sell a property we own in NJ. We do not want to do any repairs or upgrades. Buyer will be responsible for obtaining the Certificate of Occupancy.

    Layni’s Answer

    A Contract of Sale can certainly be drafted to provide that the sale of the house will be "as is", and that the buyer will be responsible for obtaining the Certificate of Occupancy (if required, as some municipalities only require smoke/carbon monoxide detector& fire extinguisher inspection), but the reality of real estate sales is that the potential buyer is still entitled to perform inspections aimed at determining if there are structural, mechanical, or environmental defects in the house. Once those defects, if any, are uncovered by such an inspection, the buyer will attempt to negotiate with the seller for the seller to either make the needed repairs or give a credit at closing for same, despite the fact that the contract says "as is". Sellers have to decide whether or not it is better to offer the buyer something or risk losing the deal altogether by standing firm on the "as is" provision.

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  • Can I get current statutes harassment,defamation, threats, false claims on court docs, defiant trespass, conspiracy

    I discovered I was in an illegal boarding house. Landlord allowed roommate to enter my room at any time. When I allerted LL about the situation he would tell me to move. One roommate moved and LL kept changing my rent. He leased a bar to another p...

    Layni’s Answer

    The issues presented in your narrative are way too complex for this forum. You need to consult a litigation attorney to determine your rights. You can look in the "Find A Lawyer" on the Avvo website under "Litigation" for a licensed NJ attorney who might be able to advise you.

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  • As a landlord in New Jersey that has a lease agreement with two tenants, am I able to file a lawsuit against only one tenant?

    As a landlord in New Jersey that has a lease agreement with two tenants, am I able to file a lawsuit against only one tenant, rather than both? (Under 15 K)

    Layni’s Answer

    I have to disagree with Mr. Salerno; judgment certainly can be entered against only one tenant if a landlord chooses to sue only one. I just had a case where that happened and judgment for possession was entered against one roommate and the other was permitted to stay. A landlord might choose to do that if he or she had a specific problem with only one of the tenants and doesn't mind the other roommate remaining, although that may bring up other issues for the remaining tenant regarding then becoming solely responsible for the entire amount of the rent or wanting to bring in a new roommate. The landlord would then have to deal with such issues with the remaining tenant.

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  • Can staying in a 3br apt with a 2br section 8 voucher be considered fraud?

    I was on my mothers srction 8 voucher for a 3br in nj. I moved out and they are forcing her to move to a 2 br.. Its just her and my 22yr old brother. Cant they still stay there and just pay the difference of rent? The guy from the office told her ...

    Layni’s Answer

    Under the Section 8 regulations, a 2-person family is not entitled to retain a 3 bedroom unit. If they can afford to pay the difference, it might be seen as if they can afford to pay for more of the rent and may jeopardize their eligibility for subsidy altogether. Since I doubt they want to risk loss of their subsidy, they should probably abide by the decision that they must move.

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  • As a landlord in New Jersey that has a lease agreement with two tenants, am I able to file a lawsuit against only one tenant?

    As a landlord in New Jersey that has a lease agreement with two tenants, am I able to file a lawsuit against only one tenant for back rent in the special civil part?

    Layni’s Answer

    Tenants are usually jointly and severally liable for rent, so a landlord is entitled to one or all tenants. However, a landlord who fails to name all occupants of a rental property will be able to evict only the named tenant and the other tenant will be entitled to remain in possession of the rental property. So unless the tenants signed separate leases, landlords are always best served by naming all in an eviction complaint.

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  • What can be done to "slow down"" this eviction so she can get the rent money together? This is URGENT!

    My friend rents an apartment in a private multiple family house in New Jersey. She lives there with her son (a minor) and four cats and one dog (this is NOT an issue, the landlord is OK with the pets). She pays her rent late every month, but she...

    Layni’s Answer

    New Jersey does not allow jury trials for eviction cases, therefore she cannot request a jury trial. Eviction complaints are summary dispossess actions, meaning that the landlord is suing to regain possession of the rental property based one of 18 statutory causes. The actual money owed is the cause for the suit but not the aim of it. If the money is not paid into court by 4:30 PM on the day of trial, judgement for possession is entered against the tenant and the landlord is entitled to request a warrant for removal after 3 business days. The tenant's only recourse is to petition the court for either an order for "orderly removal", which would give an additional 7 days to vacate, or a hardship stay. However, a hardship stay is difficult to obtain and throughout the stay all rent must be current and paid on time or the landlord can request an immediate lockout.

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  • If not what can I do?

    I live in warren county, and I have a landlord tenant case in court at warren county, can a judge from another county (somerset county) issue a warrant of removal.

    Layni’s Answer

    Yes, the court system combines Hunterdon, Somerset and Warren counties into one "Vicinage" (which is a court management region consisting of one or more counties), which means that one assignment judge presides over all 3 counties. Therefore, it is possible that due to workloads, a Somerset judge might handle a Warren matter.

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  • Is Forceible entry/ detainer the correct complaint for breaking a lease?

    Got denied for a rental application. Reason: "Originating Court Department: CV; Filing Type: FORCEIBLE DETAINER; Action Type: FORCIBLE ENTRY/DETAINER; Assets: 0.00." So it looks like a Civil Courts Case for Forceible Detainer. I do recognize the...

    Layni’s Answer

    No, that would not have been the proper basis of complaint for a broken lease, at least not in New Jersey. The term "detainer" refers to the wrongful keeping of another's real or personal property. Since you had relinquished the rental unit to the landlord, albeit early, you had not "detained" any property at all. You have not indicated whether or not you had been served with said complaint or if this is the first and only notice you have ever been given, as well as how long ago that situation occurred. I agree with Mr. Popovich that you need to consult an attorney, and I would add that it should be a litigation attorney, to determine if you have any recourse against your former landlord.

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  • Can I expect monetary compensation from this landlord for ruining my business?

    Commercial landlord has robbed me of my 12+ years successful structural steel fabrication business. Agreed to providing me with a secure industrial lease space but within 9 months he has proven to have not have any interest in living up to the te...

    Layni’s Answer

    You need to consult with an experienced litigation attorney who can review your lease and determine whether or not the terms of your lease have been breached, what extent and how much such a breach might be worth.

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