James Alfred Caporrino’s Answers

James Alfred Caporrino

Leonia Real Estate Attorney.

Contributor Level 11
  1. My tenant is behind rent every month I'm taking her to court for nonpayment, she gave part of the amount due but not everything.

    Answered about 1 year ago.

    1. Mathew Jason McKay
    2. James Alfred Caporrino
    3. Matthew R Schutz
    4. Brandy Ann Peeples
    4 lawyer answers

    If the tenant has not paid the rent, the judge has no choice but to enter a judgment for possession. I have evicted tenants with children on many occasions. The judge cannot allow her to remain unless the rent is paid. However, you will still have to apply for a warrant of removal and it will likely take 7-10 days to actually lock out the tenant. You cannot do it yourself, You must use a special civil part constable.

    7 lawyers agreed with this answer

  2. Can I sue LL of commercial builing for renting me a location with no COURT ORDER for work, I have been paying rent for 60 months

    Answered 11 months ago.

    1. James Alfred Caporrino
    2. Douglas Wayne Jones Jr
    2 lawyer answers

    This is a complicated set of facts and a lot depends upon the lease that you originally executed for the premises and whether that lease states who is responsible for getting a CO. I also wonder whether the property is zoned for commercial use since it is next to the landlord's house. Also, although there is no CO, you did occupy and use the premises for the past 60 months, and being a month-to month tenant you are subject to eviction on proper notice. There is no easy answer to your question...

    Selected as best answer

  3. I have a landlord tenant issues that I am going through.

    Answered 12 months ago.

    1. James Alfred Caporrino
    2. Layni S Rothbort
    3. Douglas Wayne Jones Jr
    3 lawyer answers

    If your local ordinance requires registration of your apartment, yes, the landlord is in violation and the Court does n\bot have jurisdiction to hear a complaint for eviction. If you insist, the landlord must provide proof of registration.

    5 lawyers agreed with this answer

  4. If i pay my rent and such in court will the judge dismiss the case or can my landlord refuse the payment.

    Answered about 1 year ago.

    1. Matthew R Schutz
    2. Peter Joseph Lamont
    3. James Alfred Caporrino
    4. Michael D Mirne
    4 lawyer answers

    You have not stated whether or not a complaint for eviction for non-payment of rent has been filed. If not, then send the rent and any required late fees by certified mail. If you have a court date you can bring the rent to court. As long as you pay the rent by the day of court your landlord cannot evict you.

    5 lawyers agreed with this answer

  5. Can a landlord change locks while the lease still remains and the rent has been paid, just coz I moved out early?

    Answered about 1 year ago.

    1. James Alfred Caporrino
    2. Layni S Rothbort
    3. Leonard Roy Boyer
    4. Sandra A Joseph
    5. Rixon Charles Rafter III
    5 lawyer answers

    You have the right to possession until the end of July. You can sue your landlord for an unlawful eviction if they do not let you back in. Please contact me to schedule a consultation. at 201-592-7767. You should send a letter immediately to the management company by certied mail RRR and regular mail advising them that if they do not let you back in you will sue them for an unlawful eviction.

    5 lawyers agreed with this answer

  6. What to do in this situation need advice

    Answered 10 months ago.

    1. James Alfred Caporrino
    2. Thomas J Major
    2 lawyer answers

    If you have had, and other tenants still do have, a washing machine in your aprtment, you have a good case for keeping it. But you really should see a lawyer. You can write to the landlord and withhold your rent until the repairs are made, but the landlord will probable file a complaint for eviction for non-payment of rent. You can then raise the repair issues as a habitabaility defense. The landlord may also send you a notice to quit for your failure to remove the washing machine. You really...

    4 lawyers agreed with this answer

  7. Is this rent increase of 62% Unconscionable (925 to $1,500)?

    Answered 10 months ago.

    1. Layni S Rothbort
    2. James Alfred Caporrino
    3. Matthew R Schutz
    3 lawyer answers

    I believe it is unconscionable. The fact that the new rent is market rent in the area is not necessarily the controlling factor. In addition, the new owner must advise you where the security has been deposited, within 30 days of the date of the closing, Also, a rent control ordinance very may control the issue.

    4 lawyers agreed with this answer

  8. How can I get tenants to move if the lease is up? They do not want to move.

    Answered about 1 year ago.

    1. James Alfred Caporrino
    2. Anthony J Van Zwaren
    3. Layni S Rothbort
    3 lawyer answers

    Unless the proeprty is an owner occupied building with not more than two rental units you can only evict a tenant for cause under the Anti-Eviction Act. Residential tenants have virtually a life-time tenancy unless they violate the terms of the lease or there is other good cause under the Act. If there is cause, there are also notice provisions which must be strictly complied with before you can bring an action for possession in landlord-tenant court. I suggest you consult with an experienced...

    4 lawyers agreed with this answer

  9. Someone please help..is there a law or something protecting me(be specific)in this case. I leased a restaurant

    Answered over 1 year ago.

    1. Adam Lefkowitz
    2. James Alfred Caporrino
    3. Steven Todd Keppler
    4. Mathew Jason McKay
    4 lawyer answers

    It sounds like you have a strong case. Your have several defenses including, in my opinion, fraudulant concealment of the septic issue by the landlord and impossibility of prformance on your part since you can't use the premises for the intended use. However, the specific language of your lease and other facts may affect my analysis and if you trust your attorney, you should follow his/her advice. The landlord could claim that you did not conduct the proper due dilligence investigations before...

    4 lawyers agreed with this answer

  10. My uncle in NJ had his heat turned off by his landlord because his January rent hasn't been paid yet. is this legal?

    Answered over 1 year ago.

    1. Steven Todd Keppler
    2. Adam Lefkowitz
    3. James Alfred Caporrino
    4. Steven Warren Smollens
    5. Mohamed E Seifeldein
    5 lawyer answers

    Your Uncle should contact the local health or building department.

    4 lawyers agreed with this answer

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201-592-7767