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James Alfred Caporrino
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James Caporrino’s Answers

291 total


  • I'm renting and my landlords received a pre-eviction notice under their names. What should I do?

    We are renting the second floor of a two family house. Our landlords are currently going through a divorce. I've only been dealing with the husband since we've moved in and our checks for rent would be payable in his name. Since they separated 2 m...

    James’s Answer

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    It sounds like a foreclosure notice, unless the bank has already foreclosed and they have sold the house or are going to sell the house at a sheriff's sale. However, your tenancy should be protected since the bank steps into the shoes of the landlord. If you get a notice from the bank to pay them the rent, then do so. Consult with an attorney.

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  • What steps can I take to stay living in my home if my landlord puts rental property for sale without proper written notice?

    I live in a five bedroom single family dwelling home, the landlord has been renting the rooms out as a multiple dwelling home instead. Recently we have been having major issues with the house as to a leaking roof, and the refrigerator and oven on...

    James’s Answer

    I agree with my colleague about the notice requirements. But you may be able to recover relocation expenses if you get the municipality involved and they determine that the landlord has been using the house as a boarding house instead of a single family home.

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  • Can I sue my landlord for his negligence and excessive delay in making the necessary repairs for our business?

    A year ago, a car hit our building and caused some structural damage near our main entrance. . Customers now have to use our second entrance which seems inconvenient. And we are convenience store business. According to our lease, it is the landlor...

    James’s Answer

    Your lease will likely govern what remedies you have against your landlord. Most commercial leases have casualty clauses which control the time within which landlords must make repairs and what your remedy is if they do not. As far your quantum of damages...that's another story.

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  • Our landlord is trying to get us out of our apartment without ever serving us with notice.

    We have lived here for 2 years, always paid rent in full and on time. The landlords have been trying to sell the unit for a few months, and now have a buyer with a close date of 6/9/15 Our lease is up on May 31 2015 They claim that they have gi...

    James’s Answer

    I am assuming you reside in a condominium unit or a single family home. If so, your landlord must give you 2 full months written notice to quit. If you do not vacate on the date set in the notice, the landlord can file a complaint for possession in LT court. The written notice to quit with proof of service must be attached to the complaint filed with the court

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  • What is the legal definition of a tenant? Or If my son stays at mu home at times.

    My landlord is filing eviction, saying he is a tenant. And that I'm breaking the rental agreement. Only 2 people on the lease. As my son he has access to my apart sleeps over sometines.

    James’s Answer

    The issue will be whether the frequency with which your son sleeps i the apartment makes him a tenant instead of a guest. It is a very fact sensitive issue. The lease should be reviewed by an experienced landlord tenant attorney during an in-person consultation.

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  • We are renting a home and have a lease until 7/2016. The house was sold and the owners want to move me. Can we be evicted?

    The owner of our single family home where we are currently renting has sold the house and the new owners want to move in. We have a lease through July 2016. Are they able to evict us because they want to live in the house?

    James’s Answer

    If you have a written lease until 7/2016 the new owners cannot evict you until the end of the lease and then only on proper notice.

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  • I just moved into a rental home and quickly realized there are some safety concerns. Landlord is dismissive. Does NJ require CO?

    Ater making some phone calls, I learned the town doesn't require landlord to get a CO or CCO for tenants, however, there are electrical problems, plumbing problems, and some structural problems on the deck. Other issues include more minor repairs,...

    James’s Answer

    If you reside in a multiple dwelling as defined by state law, there is a state inspection of the building. A CO requirement is specific to the town. The issues related to your dwelling may or may not rise to the level of a habitability defect which would permit you to withhold rent until repaired. You should consult with an experienced landlord-tenant attorney.

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  • The store below my apartment was raided for drugs and prostition.. What are my right as a tenant with a 1 year lease..

    My apartment building where I love have stores underneath.. Yesterday the store below me was raided for prostitution and drugs.. My landlord new about it and never stopped it.. We also, just moved in 2 weeks ago I am 7 months pregnant and have a 6...

    James’s Answer

    I don't believe you have any remedy as long as there is no actual danger to your health and safety. Now that the establishment has been closed, you should be safer. However, unless there us is some imminent and identifiable danger to your personal health and safety, i do not believe you have a basis to terminate the lease.

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  • My rent went up 18% last year. I didn't get a reasonable explanation why. How can I prevent this from happening again?

    I asked several other tenants about their increases, and they had substantially lower increases than mine. What is the definition of an unconscionable rent increase? What can I do to prevent it again this year? I do not have enough to live on as i...

    James’s Answer

    You have not stated whether this is a multi-family dwelling, but if so that high an increase could be considered unreasonable and/or in violation of the local rent control ordinance. When a landlord proposes changes to a lease they must notify you and you then have the right to object to those changes. If you do object, the landlord would have to file an eviction complaint and prove the reasonableness of the lease changes in court.

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  • Hi GOT EVICTION NOTICE AND I WANT TO SAVE MY HOME AND WANT TO NEGOSCIATE

    i PURCHASED MY SINGLE FAMILY HOUSE IN CARTERET, NJ 07008, PRICE $ 300,000 WITH 25% DOWNPAYMENT $ 75000 AND I PAID REGULARLY MY MONTHLY MORTGAGE PAYMENT TIMELY NEARLY FOUR YEARS, THEN I ASKED BANK TO REDUCE INTEREST RATE 3,75 INSTEAD 6.25 WHICH IS ...

    James’s Answer

    I agree with the other answers and am sorry to say that it is unlikely that you will get your down payment back.You really do need to consult with an attorney to determine how far the foreclosure process has progressed, because that will determine your options, if any.

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