Brian C Freeman's Answers

I bought a duplex with my mother prior to my marriage & now divorcing 4yrs later. Is she entitled?

In your additional response you still not state if your mother's name is on the deed. If your mother's name is on the deed then I don't think your wife will get much of anything from the property as there is very little equity in the property now. After you take out the 20% downpayment that you and your mother paid your wife is at best going to get 25 % of the remaining equity. I would suspect that after other expenses are paid your wife will get little or nothing from the equity in your...

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Can I sue or break lease if the apt I moved into is infested with bed bugs?

The bed bug issue has become a major issue recently as these pests have been spreading into many apartment buildings. There is really no established case law or statutes that directly address the issue. I do believe that if you can prove that the landlord knew about the bed bug infestation before you moved into the apartment, you may be able to bring a claim aganist your landlord for damages. The problem with bed bug infestation is that it is very difficult to prove how and when it occurred and...

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My question is if my boyfriend and I get married right after the divorce can we put his name on the birth certificate?

I believe that the answer is yes, If you are divorced from your current husband at the time that the baby is born and you are married to the father of child, then his name can appear on the birth certicate. I would consult with a local attorney to ensure that this advice is a correct statement of the law in the state of Virginia.

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I want to file for divorce, but husband filed first 10 years ago..help

So long as your husband was never granted a divorce when he filed his complaint ten years ago, you can file for divorce in the state that you reside in. You must consult with a local attorney where you live and then you can be advised as to what your options are for the divorce. If your husband's divorce was granted then you are already legally divorced.

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What is the landlord responsibility for chronic bedbugs?

If you have had an exterminator visit the property and the tenant's actions or inaction have caused the bedbug problem to remain, then you need to retain counsel to look into filing an eviction complaint. You may be required to serve a notice to cease to the tenant prior to filing an eviction complaint in court.

How do we get our tenant out now since the date we agreed on is here and the lease is expired?

I agree with the prior attorney, if the tenant is not paying rent it does not matter what the term of his tenancy are, you must file an eviction complaint immediately as it appears the tenant will not vacate the premises without a court order. I suggest that you retain a local attorney to represent you.

Can we stay where we are until we find a place to live?!?

The Landlord must file an eviction complaint aganist you and assuming he prevails a warrant for a lockout will be issued and three days after it is posted you will be locked out. You can file an Order To Show Cause with the court and ask that the eviction complaint be dismissed or seek an Order For Orderly Removal in which the court can give you up to seven extra days to move. It will probably take the landlord about three to four weeks to actually have you locked out from the apartment from...

Could I file a contested divorce if my husband is no longer in the country?

Yes, you can file a divorce based upon Physical or Mental abuse regardless of where your husband resides. Even if you can't locate him, you can still proceed in your divorce. Just contact a local attorney who does divorce cases and you should have no problem.

Is it true that in NJ you must give 30 days notice prior to vacating your leased retail space AFTER your contract has expired?

Your landlord is correct, when your lease expired your tenancy became a month to month tenancy and to terminate it you would have to give thirty days prior to the date you wish to end the tenancy. As an example, if you want to terminate your lease in August, you must serve written notice to the landlord in June. The 30 days notice is the month of July. I am not sure if your landlord was required to keep the security deposit in an interest bearing account. You will need to contact a local...

NJ Vacate law

You must give the landlord at least one full calendar month's notice, this means that the earliest you could leave giving proper notice is June 30. This assumes that the landlord was given proper notice in the month of May. I would think that if your landlord is selling the property he would rather have it vacant and therefore would probably agree to let you leave without proper notice. You should meet with an attorney to discuss this matter if your landlord won't agree to waive the proper...