Legal Question in Real Estate Law in New Jersey
I moved into my apt. in dec 2008. Since then I have been receiving mail for two individuals (Medical Bills, court docs etc.). One actually told the cops who picked him up for wandering drunk in Feb 2009 that he still lived here, and the cops insisted he still lived here, after much arguing he was taken away to a hospital. Two days ago undercover detectives showed up at my apt. with a warrant which I still have not seen.. I was too upset to ask to see it, as I have nothing that could even warrant my arrest, to search my apt. What I need to know is should I have been provided with a copy of the warrant at that time? I couldn't find my license in my bag because I was so visibly shaken so the copy started pulling out random things chapstick, tampons, saying there could be prescription/illegal drugs in them? I eventually found the license in my bag. Also since the apt went under new lease in dec 208 shouldn'tt the leasing office have been checked with first. Also I have contacted the postal office numerous times stating that these individuals no longer live here and have filed a mail fraud complaint via the internet. Any input would be greatly appreciated. P.S. this all would be under NJ law.
2 Answers from Attorneys
Here are some just plain practical [not legal advice] suggestions:
You always have the right to see the warrant before you let anyone into your home. Also keep a copy of your lease handy, to show that you, and not some mentally-ill or otherwise incapacitated person is claiming to live there. You could always mark mail addressed to someone else "return to sender, addressee does not live here."
If this keeps happening, look into getting a protective order. You may not be eligible for one, but it can't hurt to try.
You should seek the advice and assistance of a lawyer. You may also ask the leasing agent or property manager, if it is a development or apartment building, to take steps to secure your safety and privacy. You lease probably does have language about "quiet enjoyment" or similar words, and it is the responsibility of the landlord to provide that.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
The answer that you received from the lawyer in Philadelphia is excellent.
If you are in my area, northern New Jersey, please contact me and I will assist you. 201 820 3460.
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