What to Do With a Tenant’s Personal Property After a Tenancy Ends
December 29, 2017 Posted in Landlord/Tenant Law Share
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.
Important Differences Between Commercial and Residential Leases
December 29, 2017 Share
In New York, there are a number of differences between commercial and residential leases that are worth noting. As a landlord, your duties and obligations to the tenant may be substantially affected by the nature of the lease (commercial/residential).
New York Commercial Landlords Have No Mitigation Duty
December 15, 2017 Posted in Landlord/Tenant Law Share
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.
Understanding Rent Increases in New Jersey
November 30, 2017 Posted in Landlord/Tenant Law Share
In New Jersey, landlords are subject to regulation when it comes to increasing rent. Landlords are entitled to increase the rent for their tenants, of course, but there are certain processes that they must adhere to, and certain limitations that restrict the degree to which they can change the rent.
Tenants Must Control Their Pets
As a residential landlord, there are all manner of nuisances that you may have to contend with as you navigate the state of New Jersey’s landlord-tenant legal landscape. Particularly in situations where there are multiple people in close proximity of one another (i.e., an apartment building, or multiple tenants living together in a house), there is a high likelihood of potential nuisances.
The Nuts and Bolts of P.L. 2017, Ch. 106: A New Law Improving the Democratic Process in New Jersey Community Association Elections
July 27, 2017 Posted in Community Association Law Share
New Jersey Governor Chris Christie signed into law P.L. 2017, Ch. 106 (S-2492/A-4091) on July 13, 2017. This new law, will affect community associations, such as condominiums and homeowner associations, throughout the state of New Jersey by making the board election process more democratic. Additionally, this new legislation will supersede every community association’s by-laws, if there are conflicts between the new law and current By-Laws. Accordingly, many Associations will seek to amend their By-Laws to incorporate provisions of this law. In some cases, elections may have to be postponed in order to work on election procedures.
Condominium Association Liens and Foreclosures in New York
July 7, 2017 Posted in Community Association Law Share
In the state of New York, as in other states, homeowner associations (HOAs) and condominium associations (COAs) are entitled to demand dues and specific payments relating to different services — known as assessments — that are necessary for administration, maintenance, and the carrying out of various other association responsibilities. Assessments are the lifeblood of an HOA/COA. Without such financial support, the association cannot perform its functions adequately.
Navigating the Complexities of Fair Housing Laws
The Fair Housing Amendments Act of 1988 (“FHAA”) is a federal law prohibiting discrimination in the rental of dwellings for certain protected classes. The exhaustive list of protected consists of race, color, religion, sex, national origin, familial status and handicap. The Americans with Disabilities Act (“ADA”) also provides additional protection for individuals with disabilities. The New Jersey Law Against Discrimination (“LAD”) is a state law that expands upon the federal requirements to include additional protected classes that are not otherwise covered by federal law.
When an Assignee is considered a “mortgagee in possession”
June 12, 2017 Posted in Community Association Law Share
An Appellate Division case, Woodlands Cmty. Ass’n v. Mitchell, 2017 N.J. Super LEXIS 67, was published on June 6, 2017. The court considered whether a lender’s assignee that takes possession of a condominium unit when the mortgagor defaulted on the loan, is considered a “mortgagee in possession” of the unit when the assignee winterizes and changes the locks and therefore responsible for the payment of the condominium fees and assessments. The Court held that winterizing the unit and changing the locks are “minimal actions” and do not deem the lender a “mortgagee in possession.”
Parking Enforcement Rules and Rights- When is it permissible to tow?
June 12, 2017 Posted in Community Association Law, Landlord/Tenant Law Share
It is well known that parking can be an especially frustrating problem for individuals living in community settings, especially in apartments and condominium associations. Whenever action is taken against wrongfully parked vehicles, there is bound to be an emotional reaction. Accordingly, it is essential for communities to have enforceable and effective rules and regulations in place regarding the towing of illegally parked vehicles in order to avoid potential litigation.