Skip to main content
James Alfred Caporrino
Avvo
Pro

James Caporrino’s Answers

305 total


  • What are parking regulations for tenants in a very large complex of apartments. Is the landlord required to provide parking?

    The landlord of my complex has suddenly decided to charge each tenant 40.00 a month for parking although parking is already in the lease.

    James’s Answer

    If your lease includes parking the landlord cannot raise the cost until your lease expires.

    See question 
  • Living at boyfriends parents, i am disabled as well as my newborn, refuse to give us a lease but gave us eviction notice instead

    we moved in may 9, 2015. his parents had asked us to move in numerous times prior as we were struggling since our newborn is disabled as well as both of us. we do all the housework and yard work on numerous acres. we pay some bills but from the st...

    James’s Answer

    If you are not a "tenant", and it does not sound like you are from the facts presented, the owner of the home must file a complaint for ejectment to remove you from the home.

    See question 
  • Is it constructive eviction if the landlord issues a 30 day vacate notice improperly and the the tenant responds by not paying?

    Due to lack of knowledge, the landlord improperly issued a 30 day vacate notice. However, it was realized later that the notice is invalid as it was distributed with the wrong dates. The tenant may or may not realize this, but since it is invali...

    James’s Answer

    If the notice was ineffective, then landlord could argue that the rent is due. If the notice is valid, then the landlord cannot accept rent for any period after the date in the notice to quit. If the landlord does accept the rent a new tenancy is created and a new notice must be served.

    See question 
  • I have a signed 2 year lease. 2 weeks prior to move in, our landlord wants to change it to 1. Can she do that?

    We have signed a 2 year lease and are slated to move in in 2 weeks. We receive a text from the landlord that she wants to make it a 1 year lease instead, because it's "overwhelming" for her, with all the life changing events going on in her life....

    James’s Answer

    If the lease is fully executed (i.e. signed by all tenants and all landlords) it is a valid and binding agreement and cannot be changed unilaterally by landlord. If the landlord continues to dispute the term, it may be worthwhile to consult an experienced LT attorney and have a letter written to the landlord.

    See question 
  • My landlord is converting the building I live in into condos. Is it true that he has to give me 3 years before I have to vacate?

    I read that the notice to quit has to be a notice to leave the apartment within three years. Also I saw another option for taking 18 months to leave and find a similar place. Why would someone take the 18 month option if the notice to quit says ...

    James’s Answer

    You should review NJSA 2A:18-61.1k for notice and other requirements.

    See question 
  • My complex has repeatedly asked us to sign new leases for the same rental period claiming a mistake was made.

    All leases were signed by prooerty manager who later complained her corporate office saw small issues. They are all legal and duly signed but this is getting ridiculous. Can we simply refuse to keep signing. Also, we are living w/o a c/a for the n...

    James’s Answer

    If your facts are correct you have no obligation to sign a new lease. Call the building department about the hot water greater issue.

    See question 
  • I am in the process of purchasing a home. Is there anyway to question my neighbor's "odd" driveway?

    My neighbor has a typical garage and driveway, the only problem is that her "typical" driveway extends out to the left (acts like a second driveway) and ends up facing directly in front of my fence where my backyard is. It really worries me that ...

    James’s Answer

    You can contact the local zoning officer to determine whether there ever was an application to extend the driveway. However, since you are buying the home, you should be getting a survey of the property which will determine if there are any boundary violations by your neighbor. Discuss this with your attorney. If you don't have one, get one. This is an issue that should be dealt with during your due diligence investigation.

    See question 
  • What happens when if a landlord did not put my security deposit in the bank

    I'm about to move out of the apartment. Since my landlord did not tell me where he deposited my security, I used it as my last month rent. Do I still have to ask for the interest together with the remaining security? What if he only gives me the r...

    James’s Answer

    If it's not owner occupied with two rental units or less, you are entitled to 7% interest per annum if he never notified you where the security was deposited. He shouldn't be doing anything until you move out. Yes, you can sue him if he doesn't return the full balance of security plus interest. And you may be able to get 2x the balance wrongfully withheld.

    See question 
  • I have been having multiple problems with my apt. many of which have caused damage to my personal property.

    Damage from my apartment have cost me money to replace personal property. I am also having problems with getting maintenance completed in my apartment

    James’s Answer

    Upon notice to your landlord, and so long as the lease doesn't place the responsibility for maintenance on you, you can withhold your rent if the maintenance issues rise to the level of habitability defects. As far as the damage to your property is concerned, your lease may require you to have renter's insurance, which may cover those losses. But you really should consult with a local landlord-tenant attorney,

    See question 
  • How much can a landlord charge for late payment of rent in New Jersey?

    I've been paying sometimes 8-10 days after due date and charged $100 everytime. Is this legal?

    James’s Answer

    Also depends upon your lease provisions and the amount of your rent. 5% is generally the fee if you are five days late. Leases which charge $5.00 per day are generally not upheld in my experience.

    See question