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News & Resources

A Landlord’s Right of Entry in New Jersey - Residential Units

Posted January 31, 2018 in Landlord/Tenant Law

Landlords are often put in a complicated position with regard to problematic tenants.  As a New Jersey landlord, you may be concerned about whether one of your tenants is breaching the rental contract, or whether they are causing permanent damage to the unit that will require significant repairs.  In some instances, other tenants may complain about the activities of one tenant, and may request that you resolve the matter.

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New York Rent Control Limitations on Increases

Posted January 17, 2018 in Landlord/Tenant Law

In New York City alone, there are a substantial number of rent-regulated apartment units, with roughly 27k rent controlled apartments and 1.03M rent stabilized apartments as of a 2014 housing survey, and many more such units scattered statewide.  The regulations surrounding rent control units (and more generally, rent regulated units) can be quite complicated to understand for the layperson.  Due to the regulations affecting rent-regulated properties in the state of New York, ownership of a rent-controlled property is seen as a liability by some landlords.

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What to Do With a Tenant’s Personal Property After a Tenancy Ends

Posted December 29, 2017 in Landlord/Tenant Law

When a tenant vacates their rental property (and the tenancy ends), some personal property may be left behind.  In New Jersey, however, the Abandoned Tenant Property Statute applies certain restrictions to what landlords may do with such property.  Fundamentally, a landlord may not dispose of personal property left by a tenant without first allowing the tenant to recover their abandoned personal belongings — and this requirement is applicable in situations where the tenant was legally evicted or otherwise is not current on rent payments.

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New York Commercial Landlords Have No Mitigation Duty

Posted December 15, 2017 in Landlord/Tenant Law

In the state of New York, commercial landlords do not have a duty to mitigate their damages when a tenant is delinquent in their payments, vacates their property, and breaks their existing lease.  This is an incredibly favorable state of affairs for the commercial landlord, as the tenant cannot undermine the damage claim of the landlord (in a lawsuit to recover unpaid rent) by asserting that the landlord failed to make reasonable efforts to find a suitable replacement tenant.

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