Recording Meeting Minutes: More Harm Than Good?
December 30, 2014 Posted in Community Association Law Share
For the seasoned board member or corporate meeting-attender, taking thorough meeting minutes may seem like a routine practice in faithful recordation, as well as a legal requirement in many instances. However, as your community association law attorney will explain, taking meeting minutes during a residential association executive board meeting can lead to disastrous results for your team in the event it finds itself in the crosshairs of litigation with a resident or aggrieved plaintiff.
Towing Vehicles of Delinquent Unit Owners: Is This Permissible?
December 23, 2014 Posted in Community Association Law, Landlord/Tenant Law Share
As New Jersey condominium law attorneys, we have seen our fair share of delinquent and irreverent tenants and unit owners blissfully enjoying the common areas of the property while falling months’ behind on dues and association fees. In this situation, what is a unit owner to do? While on the one hand, it is hardly fair for certain habitual-defaulters to enjoy the same amenities as their dues-paying neighbors.
New Jersey Security Deposit Law
November 26, 2014 Posted in Landlord/Tenant Law Share
The New Jersey Security Deposit Law is an important piece of legislation for landlords and property managers to understand. Over-charging or withholding security deposits unlawfully could result in sanctions and civil liability.
New Jersey’s Truth-in-Renting Law
November 24, 2014 Posted in Landlord/Tenant Law Share
The Truth-in-Renting law is an important piece of legislation of which all landlords should become aware. If you are a landlord in New Jersey, our office can help ensure your compliance with this law and help you avoid unnecessary exposure to liability from tenants.
October 30, 2014 Posted in Landlord/Tenant Law Share
For some landlords, finding quality tenants can be problematic. However, it is important for landlords to follow the requirements of both New Jersey and New York landlord tenant law and federal law with respect to tenant screening. There are a number of options available for landlords to be able to make a determination as to whether a prospective tenant may pose a problem during the lease term.
Appellate Division Reverses Judgment Of Possession Due To Landlord's Failure To Follow Notice Requirements
If there was ever a question in the minds of landlords about the seriousness of complying with state laws, the New Jersey Appellate Division recently answered the question in a clear and concise manner in an unpublished decision in the case of Cahn Estates v. Sanchez, 27-2-4190 (App. Div. 2014). Strict compliance with the state's notice requirements is a must and the Court proved this point by reversing a landlord's judgment of possession.
Reading The Fine Print: The Importance of Vetting Contracts Before Signing
By Community Association Law ShareAugust 25, 2014 Posted in
Anyone who has ever taken part in a business transaction with any type of company or corporation has more than likely been faced with a contract of some sort. Most people know and understand the importance of reading a contract prior to "signing on the dotted line;" however, there are still individuals who will do a quick or cursory reading of a contract and disregard what we commonly refer to as the "fine print." Reading a contract from the first line all the way through to the very end is crucial, and it is especially important for condo board members and managers who often deal with pages and pages of contracts that concern issues that are of great importance to those who have an interest in the condo community.
A Landlord's Duty To Mitigate Damages For Breached Leases
Landlords, whether they deal with residential tenants or commercial tenants, are always faced with the possibility of tenants choosing to vacate the property before the expiration of their lease terms. In several states many, many years ago, contract law principles (such as mitigation) were not often applied to commercial lease agreements, which meant that when tenants broke their leases, the landlords were not required to locate other tenants to take over the premises for the remaining portion of the lease. Instead, they could wait until the lease expired and sue the breaching tenant to recover any amount of unpaid rent remaining. However, the laws have since changed, slowly but surely, to include a mitigation requirement with respect to commercial leases. Still, even though most states recognize a landlord's duty to mitigate, the duty is not a practice that is systematically accepted. That said, it is crucial for landlords to understand the laws regarding mitigation and how they apply to them.
Commercial Leases: Negotiating Personal Guarantees
Given the change in the economy over the past several years, some landlords have seen more lease defaults than ever before. That being the case, many landlords who deal with commercial properties have sought to obtain personal guarantees from potential tenants. But what is a personal guarantee on a commercial lease? Simply put, a personal guarantee means that the business owners or individuals who are acting as guarantors will be responsible for making the lease payments should something go wrong with the business itself. Even if a business is an LLC or a corporation, a landlord might refuse to rent the sought-after space without a personal guarantee. Both landlords and tenants should note, however, that there are ways in which to customize personal guarantees in order to make certain that the terms are fair and reasonable for both parties.
What Can A New Jersey Landlord Do If A Tenant Breaks The Lease?
Leases, regardless of whether they are oral or written, generally only last for certain periods of time. Some leases are monthly, while many leases are for a one- or two-year period. Landlords who rent properties typically do so with the expectation that their tenants will comply with the terms of the lease agreement and make their payments in a timely fashion. However, much to the dismay of many landlords, some tenants chose to vacate their apartment earlier than the lease termination date, and when that happens, it can be a nerve-racking experience.