Thomas J Major’s Answers

Thomas J Major

Jersey City Litigation Lawyer.

Contributor Level 11
  1. Landlady said she can evict us cause the rent is habitually late! What are my rights???I'm so offended!!!!

    Answered about 1 year ago.

    1. Thomas J Major
    2. Peter J Weinman
    3. Rixon Charles Rafter III
    4. Fredrick P Niemann
    4 lawyer answers

    Good Afternoon, The technical answer to your question is "Yes." You can be evicted for habitual late rent payments. However, this is a "two notice" case. In other words, you are entitled to one formal Notice to Cease, which gives you an opportunity to cease paying the rent late. If you pay the rent late after receiving the Notice to Cease, then you are subject to a Notice to Quit. After the required time period, the Notice to Quit gives the landlord the right to ask a Court to evict you from...

    8 lawyers agreed with this answer

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  2. Do I have any recourse if my previous landlord refuses to return my security deposit?

    Answered 6 months ago.

    1. Thomas J Major
    2. James A Sylvester
    3. Maimoon N Mustafa
    4. Christopher Daniel Leroi
    4 lawyer answers

    Good Evening, The starting point to answering this question is what type of apartment did you occupy? If you occupied a building that was not owner occupied with 2 or fewer rental units, your security deposit is protected by the Security Deposit Law. This law provides that if your landlord fails to appraise you, within 30 days after the end of your tenancy, of itemized deductions (for replacement, damages or unpaid rent) made against the deposit, then you may have the right to recover double...

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  3. Can a lanlord give a commercial lease to a residental apartment??

    Answered 8 months ago.

    1. Thomas J Major
    2. Raymond Andrew Grimes
    3. Matthew R Schutz
    3 lawyer answers

    Good Morning, The fact that your landlord gave you a "commercial" lease, doesn't, in the strictest sense, matter. Any terms of the lease that are contrary to the law (particularly the Anti Eviction Act if your building is not owner occupied and has more than 2 rental units) are likely unenforceable. If there are any terms in the lease that are favorable to you, the landlord may be held to those terms. The basic point is that no matter what the lease says the landlord must follow the law....

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  4. My landlord doesn't want to pay me my relocation after it was ordered by the judge what should I do

    Answered 21 days ago.

    1. Thomas J Major
    2. William J Popovich
    2 lawyer answers

    Good Afternoon, By "relocation" I assume you mean relocation expenses in connection with an illegal apartment. There are two approaches: (1) The payment of relocation expenses should have been made a precondition to the issuance of a warrant of removal. This means that if the Landlord wants the court to lock you out, he's got to pay you first. Once he pays you, you have to leave. This should have come up at the time the judge ordered the Landlord to pay the relocation expenses. If it...

    7 lawyers agreed with this answer

  5. Landlord wants tenants to leave building because he's selling it to a developer who plans to demo almost the entire block.

    Answered over 1 year ago.

    1. Thomas J Major
    2. Robert L Gutman
    3. Lawrence A Friedman
    4. Sandra A Joseph
    4 lawyer answers

    Good Morning, This issue is way more complicated than your run-of-the-mill landlord-tenant case. You are entitled to a notice terminating your tenancy way beyond 15 days. In fact, depending on why the tenancy is being terminated the notice could required 18 months or three years. On top of that, there is an enormous body of information the landlord must assemble and share with the city and tenants. Additionally, depending on whether or not you're a "protected tenant" the requirements could...

    7 lawyers agreed with this answer

  6. Are big management companies allowed to issue 13 month lease? We did not catch this when we signed, are we liable?

    Answered 5 months ago.

    1. Thomas J Major
    2. Peter J Weinman
    3. James S. Tupitza
    3 lawyer answers

    First things first: The size of the management company has nothing to do with the type of lease they can offer. Secondly, as long as the landlord and tenant agreed to the terms prior to the inception of the tenancy, there's no problem. Now, a landlord can't take a 12 month lease (already executed) and unilaterally turn it into a 13 month lease. But, that really doesn't matter because the Anti-Eviction Act is designed to keep tenants in apartments anyway. There's little functional difference.

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  7. I didn't sign a lease for a room/share situation. If I give 30days notice can I get my security deposit back?

    Answered 8 months ago.

    1. Thomas J Major
    2. Raymond Andrew Grimes
    3. Anthony J Van Zwaren
    3 lawyer answers

    Good Afternoon, This problem may be more interesting than meets the eye. Usually, it's highly unusual for a landlord to bring a tenant in and force that tenant to live with a roommate. To me, this sounds like the makings of illegal rooming house. If that's the case, you may be entitled to six times your monthly rent in a relocation benefit / punishment to the landlord. As for the security deposit, if you did not sign a lease you are a month to month tenant. To vacate perfectly, you...

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  8. How to evict Tenants? State of NJ

    Answered 6 months ago.

    1. Thomas J Major
    2. Maimoon N Mustafa
    3. Douglas Wayne Jones Jr
    3 lawyer answers

    Good Evening, This is a tricky question. The first step is figure out if the basement apartment is illegal. If it is, the question is why. If it is an illegal change of use or a zoning violation, there's a really good chance you're on the hook for six month relocation to the tenant in the "illegaly" occupied unit. If the basement unit is approved for use as living quarters, you cannot evict a tenant for owner occupancy because you cannot legally occupy the unit. You would have to evict the...

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  9. My landlord is harrassing me

    Answered 6 months ago.

    1. Thomas J Major
    2. Matthew R Schutz
    3. Alan James Brinkmeier
    3 lawyer answers

    Good Morning, First things first: If you feel threatened or unsafe in any way, the you must contact the police. No amount of landlord-tenant legal discussion will protect you if you're in a dangerous situation. As for the LT element it sounds like there are a number of code violations in your apartment. You should consider calling your local Housing Code Enforcement or Health Department and request an inspection of the apartment. Make it clear that there are a number of potential code...

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  10. The risk of renting a room in a house without a lease?

    Answered over 1 year ago.

    1. Thomas J Major
    2. Brandy Ann Peeples
    2 lawyer answers

    Good Morning, There can be a number of problems with your occupancy. First, if your landlord is renting out more than one room it's likely they're running a rooming house (single room occupancy). Odds are this is illegal (the state DCA barely approves rooming houses). If you occupy an illegal apartment, you may be entitled to 6 times your monthly rent in a relocation benefit prior to eviction. If the house is owner occupied with two are fewer rental units, you can be evicted for owner...

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