Marcel Wurms’s Answers

Hospital parking lot (tax exempt) within my boundaries?

Marcel’s Answer

• October 14, 2020 9:54pm

This is a complicated issue, and would require more information, such as reviews of surveys, zoning maps, certificates of occupancy, etc.

The City really has nothing to do with a boundary dispute with the hospital. If it's a zoning dispute, they would have a stake in the matter.

You should consult with a zoning attorney.

Good luckl

NJ rent increase with a short notice

Marcel’s Answer

• October 5, 2020 9:40pm

The landlord had 30 days prior to the expiration of your lease to offer you a new one. Since he didn't,
(or even if he did, you didn'tyou are now in a month to month lease, which runs from the 15th of the month. (E

However, as Mr. Mirne pointed out, the landlord's approach has certainly confused the process. If you want to stay, at the proposed rent, I would contact the landlord and work out the timing details.

It's hard to give you a better answer without knowing more details. For example, was this notice of increase included with a notice to quit? If so, then the notice may become effective next month.

Again, your best bet here is to contact the landlord ASAP and work it out.

Can my HOA close our community pool?

Marcel’s Answer

• June 23, 2020 9:45pm

To give you the best answer, you will need to provide the HOA rules, regulations, by-laws etc. As these are usually fairly extensive, you probably won't get an answer on this type of forum. Your best bet is to contact a local attorney. Good luck.

Are there any lawyers to review a commercial lease?

Marcel’s Answer

• June 23, 2020 9:44pm

I am sure there are many lawyers who can review this. Most of us will charge a fee to review the lease and give you options. Find someone local who works in landlord tenant matters.

Is it illegal to rent a room in a condominium in NJ even tho the owner allows me to?

Marcel’s Answer

• June 2, 2020 10:05pm

I agree with the previous answer. It's not illegal in the sense that there are no laws that prohibit this (unless possibly a local ordinance). However, the unit owner is subject to the master deed and bylaws.

Rent increase without notice?

Marcel’s Answer

• June 2, 2020 10:02pm

I'm not clear if your lease was renewed by the previous owners or not. If not, you're on a month to month lease. Even so, the terms of the lease still apply and the new owners are bound by the terms of your lease. They cannot summarily increase your rent without proper notice.

You can always negotiate the terms of your lease renewal. While the new owner is not obligated to provide you with a new lease, once you're month to month, they can do so with 30 days notice (unless a different period was specified in the previous lease). They are only allowed to propose reasonable changes (5% is likely reasonable, unless there is a local rent control ordinance which doesn't allow it).

Can I give 30 days' notice if my original lease agreement that asked for 60 days expired?

Marcel’s Answer

• June 2, 2020 9:58pm

I agree with Ms. Rothbort. The terms of the lease still apply to both you and the landlord.

I need advise because I'm a first time home buyer and don't know to much about the laws of owing a multi family home.

Marcel’s Answer

• November 14, 2019 5:47pm

You likely have a few issues here. First of all you cannot do construction without a permit. Further, in anything but a single-family home, you must use license contractor for certain upgrades like electrical and plumbing.

Finally, you have to make sure that your house is properly zoned as a three Family Residence. You may have to go before the local zoning board if this is not the case.

You should seek experienced land use and real estate attorney

Selling Investment Property in Marriage?

Marcel’s Answer

• November 14, 2019 5:43pm

Yes, she will be required to sign the deed. A residence used as a marital residence gives the non-titled spouse an ownership interest. She will be required to sign the deed so that she conveys whatever interest she may have received.

Can a bank other than the original bank that my home was purchased through, legally foreclose on my home?

Marcel’s Answer

• September 9, 2019 10:40pm

Yes. Previous counsel summed it up. In addition, be aware that the successor banks are constrained by the terms of the original note and mortgage. Best to take your documents to a foreclosure attorney.