The Cintron Firm, LLC Blog

New Jersey Security Deposits—An Overview

November 7, 2018 by The Cintron Firm

In New Jersey, as across the country, you can expect that when you sign a residential lease, you’ll have to put down a security deposit. There are a few good reasons why the landlord will do this. First, it’s designed to cover any actual damage to the premises beyond reasonable wear and tear. In addition, if you fail to give the landlord the required amount of notice, as required in your lease, it can cover lost rents if the apartment cannot be immediately rented to another person.

Under New Jersey law, a landlord may not require a security deposit that exceeds one and a half months value of rent, except that there may be an additional annual security deposit that may not exceed 10% of the current security deposit. When you vacate an apartment, assuming that you have given the landlord proper notice under the lease, the landlord must give you back the security deposit within 30 days. This, however, is premised on the condition that you have given possession back to the landlord, i.e., returned all keys and vacated the premises. Under certain circumstances—where there has been a fire, flood, condemnation or evacuation—you are entitled to your security deposit within five days.

In addition, you are entitled to the payment of interest for the period during which your landlord holds your security deposit. The landlord must provide notice within 30 days of receiving your security deposit, disclosing:

The name of the financial institution
The type of account
The amount of the deposit
The current rate of interest

The landlord may pay the interest in cash or give you an equal credit toward your rent.

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At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Happy Halloween!

October 31, 2018 by The Cintron Firm

Watch Out For Video Surveillance When You Have a Workers’ Compensation Claim

October 10, 2018 by The Cintron Firm

When you have what seems like a pretty straightforward claim for workers’ compensation, it can come as a surprise to have the workers’ compensation insurance company or your employer challenge the claim. It’s important to understand that both your employer and the insurer have a vested interest in minimizing or avoiding any payment to you. For the insurer, it cuts directly into profits. For your employer, it will likely lead to higher insurance premiums.

One of the most common ways a workers’ compensation claim will be contested is with video evidence. Workers’ compensation insurance companies often send a private investigator out to observe claimants, typically with a video camera. If the investigator can get footage of you doing something that calls your injury into question, or that appears inconsistent with your claim, it can be introduced to diminish or deny your claim.

The best way to avoid this type of situation is to be as honest as possible at all times. Don’t try to exaggerate the extent of your injury in an effort to ensure you get workers’ compensation benefits. Tell the doctor exactly what you can and cannot do. In addition, don’t try to be macho or stoic, or try to be a strong example to your children or anyone else. Accept that you’ve been hurt and there are things you should not be doing, if you want to get better. Make certain your friends and family understand that, too.

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At the Cintron Firm, LLC, we bring more than 14 years of experience men and women in New Jersey who are involved in or contemplating filing for divorce. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Can You Be Fired for Filing a Workers’ Compensation Claim?

September 5, 2018 by The Cintron Firm

If you’ve been in an accident at work, you may be worried about taking any time off for your injury, afraid that your boss might replace you, or even worse, terminate you because you’ve filed for unemployment benefits. Can you risk losing your job by seeking workers’ compensation because of a job-related injury or illness? Can your employer replace you and tell you there’s no opening when you are ready to come back to work?

Under the workers’ compensation in New Jersey, an employer may not engage in any form of retaliation against a worker who has filed a good faith claim for workers’ compensation. Accordingly, your employer cannot let you go solely because you sought benefits for a workplace injury. In addition, your employer cannot take any other action that would be considered retribution for filing a workers’ compensation claim, including:

Denying a raise, promotion or bonus
Preventing access to benefits available to other workers is similar positions with similar experience
Assigning you undesirable tasks or tasks beneath or not within your job description

As a practical matter, it can be extremely difficult to show that termination was a direct and sole result of filing a workers’ compensation claim. In New Jersey, as in most states, employment is considered to be “at will,” which means your employer can terminate your employment at any time for any reason that is not contrary to law, to employment contract or to public policy.

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

Protecting Yourself from Car Dealership Fraud

August 13, 2018 by The Cintron Firm

When you’ve worked hard to save the money for a down payment on a new car or it’s time to trade in your vehicle for something more reliable, you’ll quickly discover that you have lots of options, and one of those is to purchase your vehicle from a car dealer. Unfortunately, the reputation that car salespeople have is not unwarranted. There are many honest car dealers, but, unless you’re working with someone you know and trust, there are a few steps you need to take to ensure that you don’t become the victim of a car dealer scam.

Know What You Want and What the Vehicle Offers

Take the time to learn all the different options available on the vehicle you want and ask questions to verify that the car you are interested in purchasing has the features you desire. If you give the salesperson the impression that you know very little about the car, you can easily become a victim of dealer fraud.

Verify Who Owns the Car

If you are purchasing from a dealer, the dealer should be holding title to the vehicle. If the dealer tells you that he’s acting as an agent or representative for the seller, who still has title, you should be wary.

Get the Real Price in Writing

It’s important to understand that the price in the window or on the advertisement is not necessarily the full price you will pay. Make certain to ask the dealer to include all potential costs, so that you know exactly what you’ll be paying. It’s helpful to compare prices elsewhere before you go to the dealer. If you have an idea of what the vehicle should cost before you go to the dealer, there’s less risk that you’ll be swindled.

Don’t Pay for the Car Until You Have the Keys

A dealer may ask you to pay in advance—don’t ever do that. It’s better to make a small deposit and pay the rest just before you drive out of the lot.

Get a Copy of All Documents

The dealer should have a written contract for the sale of the vehicle. You will also need to sign certain title and loan documents, if appropriate. Make certain you have copies. You also want to verify the information on any document. Take down the VIN number from the title document and compare it with the VIN plate under the front windshield. If it doesn’t match, don’t pay for the car.

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Were You Injured on the Job—Part Two

July 4, 2018 by The Cintron Firm

In an earlier blog, we looked at the requirements for eligibility for workers’ compensation disability benefits in New Jersey—you must have been hurt and the injury must have been sustained during the course of your employment. In that blog, we looked at your eligibility if you were on a break, or if you were traveling for work. Here are a couple other situations where there may be issues about workers’ compensation coverage.

Injuries Suffered at a Company Sponsored Event

It’s pretty common for a company to have a golf outing, team-building event or some other offsite excursion. What happens if you suffer a serious injury while at a company event? As a general rule, whether attendance is voluntary or mandatory, you have the right to pursue workers’ compensation benefits if you are injured at a company event. For example, if you are hit by a cart, club or ball at a golf outing, you should be able to recover, provided you weren’t engaged in unreasonable behavior at the time. If, for example, you became intoxicated and fell, you might not be able to obtain workers’ compensation benefits, unless you can show that the company provided the alcohol.

Injuries Caused by Your Own Wrongful Conduct

As a general rule, workers’ compensation benefits are no-fault benefits—they are paid regardless of whether you can show negligence. There is an exception, however, when your behavior is knowingly and clearly in violation of known company policy or safety guidelines, or when your injuries are intentionally self-inflicted.

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The Different Types of Damages in a Personal Injury Lawsuit

July 4, 2018 by The Cintron Firm

If you’ve been hurt because of the carelessness or negligence of another person, you have a right to seek compensation (known under the law as “damages”) from the persons responsible for your injuries. You also have the right to recover monetary compensation for any property damage.

With respect to physical injuries, there are generally two broad types of damages: compensatory damages and punitive damages. Compensatory damages are intended to reimburse or compensate you for any losses you have or will sustain. Punitive damages, on the other hand, are intended to punish the defendant for inappropriate behavior, and are also intended to serve as a disincentive for others to engage in similar behavior. As a practical matter, punitive damages are extremely difficult to obtain.

Within the realm of compensatory damages, there are also two distinctions—economic damages and non-economic damages. Economic damages are those that are tangible and easy to ascertain—examples include:

Lost wages and income if you cannot work because of your injury
Any unreimbursed medical expenses you have incurred
Loss of or damage to property

Non-economic damages, conversely, include those losses that are less tangible, and more variable. Examples of non-economic damages include:

Physical pain and suffering—this includes any discomfort you have incurred, as well as any you are reasonably expected to experience in the future
Emotional distress—you may be able to recover damages for psychological effects of an accident or injury, including stress, anxiety, fear and depression
Loss of consortium or companionship—these damages compensate you for the loss of intimacy with your spouse or the loss of companionship with family members
Loss of enjoyment of life—you can also seek damages if you are no longer able to participate in activities that you love

Contact Our Office

At the Cintron Firm, LLC, we bring more than 14 years of experience individuals who have suffered any type of personal injury, including physical injuries in a motor vehicle accident. To set up an appointment, contact our office at 201-791-1333 or 917-494-5695 or send us an e-mail.

Were You Injured on the Job—Part One

June 11, 2018 by The Cintron Firm

In New Jersey, when you have been hurt in the workplace, you must demonstrate only two things to be eligible for workers’ compensation benefits—you must show that you were hurt and that the injury was suffered during the course of your employment. If you have been injured because of the carelessness of a fellow employee, or the breakdown of work equipment, there’s little question as to whether the injury was work-related. There are, however, specific situations where that conclusion may not be as clear. Here are a few of those instances and how they are treated by the workers’ compensation laws in New Jersey.

Injuries Sustained on a Break

According to federal labor laws, you are entitled to regular breaks, including meal breaks. What happens if you suffer an injury on one of those breaks? Technically, you’re not working—will you still be able to recover for your losses?

The answer, as with most things, is that “it depends.” In most instances, where you take a break and stay on company premises, you will be able to seek benefits for any work-related injury. For example, if you slip and fall in the break room at work, or are hurt when a chair in the lunch room collapses, you’ll be able to seek workers’ compensation benefits for any disability or medical expenses. This applies whether you are taking a regularly scheduled break or a lunch break. If, however, you leave the premises to go to lunch and suffer an injury while at an offsite location, you likely won’t be able to pursue workers’ compensation benefits unless you specifically went to the restaurant or other location at the request of a supervisor.

Injuries Incurred While Traveling for Work

First things first—there’s no coverage for injuries suffered on your way to or from work, unless you made a detour at the request of a supervisor and were injured while on that detour. If your job description requires that you travel, or if you attend a conference or visit clients out of town, you’ll usually be covered for injuries unless you were engaged in a wholly personal activity at the time of the injury. For example, if you travel to another city for a work conference, but are hurt in the exercise gym at the hotel, you will likely be ineligible for workers’ compensation benefits for that injury. Injuries sustained on your way to or from dinner, though, will likely be covered, because you must eat.

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

The Different Types of Car Dealership Fraud

June 5, 2018 by The Cintron Firm

There are few things in life more exciting that coming home in a new vehicle. In addition to the pure enjoyment of a nice car, you can also have a greater sense of security and take comfort in knowing that you have a vehicle that really meets your needs. But you have to be careful, too…car dealership fraud is real and can wreak havoc in your life. Here are some things to watch out for.

The Old “Bait and Switch”

It’s one of the oldest tricks in the book, but it still happens on a regular basis, and in a variety of ways. The classic version involves the advertisement of a car that seems too good to be true—low mileage, all the bells and whistles, immaculately maintained. When you get to the dealer, though, you learn that it’s no longer available, but there’s another one just like it…a little more expensive, a little more mileage, a little shabbier. Then you get the hard sell to buy it. Another form of the bait and switch is the “price mistake.” You see a vehicle advertised online for a specific price (it’s in your budget), but when you get to the dealership, you learn that the advertised price was a “mistake.”

The Advertised Price Doesn’t Include Add-Ons

Often, a car dealer will either advertise a specific price or even have a sign on the vehicle stating the price. That price seems to be the real price until the salesperson puts the sales agreement on the desk. Suddenly, the price has gone up by a couple thousand dollars, due to “add-ons,” such as warranties or maintenance plans.

Playing with the Numbers

This can happen on either end. It’s not unusual for a car dealer to inflate the price of a new car by adding on charges for features that are already standard. On the other end, the dealer may incorrectly state the blue book or trade-in value of your car.

Selling a Used Car as New

If a car has been owned by someone else for a day or even an hour, it’s no longer a new car and cannot be sold as such. Watch out for dealers who will try to sell you a “new” car, when it’s actually one that was returned for a defect or for some other reason. It’s also not uncommon for a dealer to fail to disclose that a vehicle was salvaged and repaired after an automobile accident.

Contact Us

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.

The Eviction Process in New Jersey-Part One

May 11, 2018 by The Cintron Firm

Must the Landlord Notify the Tenant of Eviction Proceedings?

In New Jersey, a landlord has the right to seek eviction of a tenant under certain circumstances, but must carefully follow the procedures set forth in the law. In most instances, before the actual eviction proceedings can begin, the lease must be terminated and the tenant must be notified. There are, however, circumstances where notice is not required prior to the commencement of eviction proceedings.

When Is Notice Not Necessary?

As a general rule, a landlord must have a legal reason for ending a leasehold and seeking eviction. There are a number of circumstances that are considered valid cause for terminating a lease, including:

Nonpayment of rent
Use of the leased property for illegal activities
Violation of material provisions of the lease

The amount of notice required depends on the basis for the termination. If the eviction is based on the violation of provisions of the lease, the landlord must give the tenant a 30 day notice to quit (leave the premises). This can include habitually paying rent late. If the basis for terminating the lease is illegal activity, disorderly conduct or destruction of the leased property, the landlord must give only a three-day notice to quit (the same period applies if the tenant has assaulted or threatened the landlord). If the tenant has not paid rent in a timely manner (and the landlord has not accepted late rent payments in the past), there’s not notice requirement—the landlord can go to court without advising the tenant and can have the lease immediately terminated and eviction proceedings initiated.

Contact Our Office

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Send us an e-mail or call us at 201-791-1333 or 917-494-5695 to set up an appointment.