Skip to main content
Jason Pressman

Jason Pressman’s Answers

5 total

  • Can I file to remain on the premises in the date of eviction... Notice of removal

    My lease is up11/01/14 I'm moving11/15/14 my landlord won't talk to me because of non payment of one month's rent... I didn't pay her because of the infestation of mice and bugs also mold. I received a warrant of removal for11/10 if I go downtow...

    Jason’s Answer

    Run down to the Clerk of the Special Civil today, as early as possible. Ask for a hardship stay form. Fill out the form for a 1 week hardship stay. Be prepared to explain you problem.

    See question 
  • Is my landlord/super allowed to charge me for opening the windows in the winter? Are they able to come in unannounced?

    The landlord sent the super around with a sheet a paper stating that they are allowed to come inside our apartment to investigate suspicious activity without notice. They also say in this paper that we're not allowed to have our windows open durin...

    Jason’s Answer

    The lease should contain words about the landlord's ability to come into the property. It will say how much notice they must give you and what the reasons are for doing so.

    They landlord might try to evict for failure to sign the changes to the lease, but these don't seem like "reasonable" changes so the likelihood of the landlord prevailing is small.

    Regardless of the enforceability of the proposed changes to the lease, avoid all suspicious activity which could lead to a legitimate cause for eviction. It is also not economical or safe to keep windows wide open all day or all night in the winter. Even worse is the combination of open windows and suspicious activity.

    See question 
  • Will I be evicted, if my toddler cant sleep in the night and walks around the house?

    I have 2 year toddler who wakes up in the middle of the night and walks/tumbles around the house. I live on the 2nd floor and tenant living under me are complaining the management about too much noise and I am getting a Notice to Cease request. I ...

    Jason’s Answer

    1) The likelihood of being evicted for this is low. The people rented a downstairs apartment knowing there were people living upstairs. They cannot expect complete silence and you and your child cannot be required sit still after 9:30pm. It's just not reasonable, but you should make some efforts to try to reduce the complaints. No dancing at midnight.
    2) Make written requests to the landlord asking for a solution to reduce noise such as extra carpeting/padding, replacing/nailing squeeky floorboards, or putting insulation in the floor. Keep copies of your letters and write down or record all your own reasonable efforts to reduce the noise.
    3) Harrassment is a criminal charge and I don't see actions that have risen to the level of harrassment, unless the text messages are becoming a major disturbance.

    See question 
  • I read in N.J.a spouse can claim their husband/wife as a dependent & receive and extra 7% of the weekly unemployment benefit?

    I read in N.J.a spouse can claim their husband/wife as a dependent & receive and extra 7% of the weekly unemployment benefit rate? IF the claimed spouse is unemployed. Can the spouse be claimed, if not working, but the claimed spouse is receivi...

    Jason’s Answer

    Please read the webpage I linked below because it has a good explanation of extra 7% rate.

    There is also a good explanation of what documents you can provide to prove someone is a dependent.

    The issue of SSDI isn't clear, but if they are unemployed then you can try to make the claim.

    Give them a call if have more questions. Here are 2 numbers for Unemployment information:

    Telephone: (609) 292-7162

    Newark - (973) 648-2429

    Good luck.

    This answer does not create an attorney-client relationship and is not confidential.

    See question 
  • Fired, applied for UI benefits, denied for "severe misconduct" I have a chance at winning an appeal?

    I was terminated a month ago for violating one of my company's policies. It was nothing intentional, it was simply a lapse in judgement and a lack of focus on my part. I was a manager for a major company and we had some items stolen that were not ...

    Jason’s Answer

    There are no guarantees on your chance of winning an appeal, but you should try. You don't need a lawyer at all for this one (though it could help some). If you lose the appeal, you will even be given the opportunity for a 2nd appeal. Check the link I provided.

    Please note that if you decide to appeal you should get that done ASAP as they want it 7 calender days from the time you received the notice. Simply, write a letter including your name, SS, address, and your reasons for disagreeing with the decision (they need to be good reasons).

    Here is the contact information:

    New Jersey Department of Labor and Workforce Development
    Appeal Tribunal
    PO Box 907
    Trenton, NJ 08625-0907

    FAX No.: (609) 292-2438

    Good luck

    See question