Legal Question in Criminal Law in New Jersey

Me, my fiancé and our 2 year old daughter live in Jersey City, NJ. We have lived here for 3 years at the same location and have always paid rent on time until the pandemic. We have a storage unit in the basement that we solely occupy and have occupied since 2018. Only our belongings are down there. We have always had access to our items until we could not pay rent...because of the pandemic. The landlord locked us out of the basement where are items are. My fiance has tried to contact the landlord several times over the past 9 months to get our items out of the basement to no avail. He even went to the police precinct last month for help because we are trying to move to a more affordable location. Last night he popped the lock so we can get our belongings and move. This evening he was arrested for 2nd burglary & criminal mischief. What should we do? He is currently in jail.


Asked on 3/01/21, 12:19 am

2 Answers from Attorneys

Kevin Begley Kevin J. Begley - Attorney at Law

They cannot charge you for 'stealing' your own property. Put an explanation in writing to the Township attorney & go file a complaint against the LL for asserting a false criminal complaint.

The definition of Burglary = 1) the breaking 2) and entering, 3) the close (building) of another (the LL), with 4) the INTENT to commit a felony therein.

YOU can argue the LL was illegally keeping you from your property, illegally holding it hostage, and in violation of the Federal Care Act passed because of the pandemic, preventing a LL from evicting tenants.

H_ll, give me a call, I'll make a call for you.

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Answered on 3/02/21, 12:30 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Call us at 1-855-9-JEFLAW to discuss

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Answered on 3/02/21, 2:45 pm


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