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Robert L Gutman

Robert Gutman’s Answers

219 total


  • Hi, Can a credit card judgment be vacated as I am on SSDI?

    Judgment entered April 2013. Applied for SSDI November 2013. Granted retroactive November 2012. So actually I was on SSDI since 2012, right? I am aware that my benefits cannot be garnished. However, my credit is so south. Also, can a lien b...

    Robert’s Answer

    I agree with counsel and will only add that a judgment filed with the state will be a lien on all real property you own in NJ for 20 years. Good luck.

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  • Can I have my Landlord investigated about my Electric bill?

    Just suspecting that my Landlord has tapped into my Electrical line. I called PSE&G last year saying that something is wrong with my meter because it still run even though I already unplug all switch and turn off the breaker but not the main break...

    Robert’s Answer

    Have the utility perform an electricity audit to determine where the usage is coming from. Good luck.

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  • I received a certified letter from the court and I did not accept it and I let the certified ltr go back to the courts

    and I am not a tenant I am consider as unwanted guest along with my three adult children on the property. What can the owner do to me I know he have an ejection ltr in process so what can the courts do for not accepting certified letter

    Robert’s Answer

    As you noted, the owner can commence an ejectment action against you. The fact that you refused to accept the certified will not delay any court action. I suggest you contact an attorney to review your rights in this matter. Good luck.

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  • Can my landlord really do this?

    She neglects everything until it's a major issue. There was a small leak in crawl space 5 months ago, she handled it today. The plumber said the pipe was corroded as all galvanized pipes usually do after many years. She is convinced this is from "...

    Robert’s Answer

    Generally, a landlord can not prohibit the use of a washing machine and must repair and replace the plumbing in order for you to do so. That being said, I suggest having your lease reviewed with counsel to determine your situation and whether and preclusion are contained therein. Good luck b

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  • Landlord gave 15 day notice pay or vacate, then the next day filed for eviction. is his 15 day letter legally binding?

    15 day notice said to pay or vacate then the day after he gave me letter he filed for eviction in the court before even giving me one day of the 15 day notorized letter. Don't I have the 15 days to pay before he can start to evict?

    Robert’s Answer

    Typically in a residential tenancy a landlord can start an eviction the day after the rent is due unless the lease provides for additional time to remit the rent. Further, although uncommon, the lease will provide for a notice and opportunity to cure. I would therefore suggest that you review the lease with an attorney to determine your rights. That being said, whether you are entitled or not to the additional 15 days to pay the rent, you may always dismiss the eviction action by paying the outstanding rent on or before the court date. Good luck.

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  • Purchased my own refrigerator and stove ,moving out .landlord threw out there old stove and refrigerator,now landlord wants my

    Landlord threw out his nasty dirty stove , and fridgeI had my own stove and fridge now he wants my stove and refrigerator I'm moving out now he wants the stove I purchased. Or pAY FOR NEW APPLIANCES

    Robert’s Answer

    Didn't we already answer this question already? I think we said that if you had replaced the ones disposed by your landlord then you were entitled to remove them. Good luck.

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  • Can i sue the guy next door because he entered my property to install a drain to discharge his sump pump when w/out permission

    I just purchase a house that was a short sale. The prior owners left and the house was placed for sale. Meanwhile when the house was empty; the guy next door entered into my property and installed a drain to discharge his sump pump water into my h...

    Robert’s Answer

    I agree with counsel. Your neighbor was not permitted to enter upon the property without consent and install the sump pump drain. Same does constitute a trespass and I suggest you contact an attorney to advise of your rights in this matter including the drafting of a letter to your neighbor and the commencement of suit should he/she refuse to rectify same. Good luck.

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  • Is my neighbor responsible to pay for damages to my property from encroaching roots from his tree?

    My neighbor has an overgrown oak tree on his property. Roots from this tree have crossed onto our property and possibly infiltrated our sewer line and/or our foundation. Is he financially responsible for the repairs?

    Robert’s Answer

    Unless negligent in some way, an adjoining property owner is not responsible for an encroaching root. Generally owners have a right to removing encroaching roots but are required to contact the tree owner/neighbor first. Good luck.

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  • My landlord locked me out for three days. Also called the police and lied that I wanted to burn the house.

    Also testified in court on a false temporary restraining order by a co tenant to obtain a permanent restraning order. The TRO was dismissed. I was removed from the house for four days. Please advise me on dealing with the landlord and the co te...

    Robert’s Answer

    I agree with counsel that there are a number of questions that need answers. However, generally, a landlord is not permitted to forcibly remove you from the leased premises without obtaining a court order and using a court officer. Doing so may constitute a disorderly persons offense. I suggest you contact an attorney to identify your rights.

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  • Three day notice to leave

    I have given written and verbal notice about repairs that needed to be done to my rental. I was injured due to the negligence of the landlords two days after my injuries occured the landlords said i intentionally caused the damages and gave me a t...

    Robert’s Answer

    I agree with counsel that providing you 3 day notice insufficient under any circumstance (anti-eviction act or ejectment). The landlord is also not permitted to seek your eviction in response to or in retaliation for your request that conditions be corrected. Generally there has to be "good cause" for an eviction (assuming the AEA applies) and I suggest that you contact an attorney to identify your rights. Good luck.

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