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The Duty to Mitigate as a Commercial Landlord

May 29, 2017 Posted in Landlord/Tenant Law

As a landlord — commercial or residential — the possibility of a tenant prematurely vacating the property and leaving you with no immediate financial recourse for obtaining rental payments can be rather frightening.  Certainly, this difficult situation can be remedied somewhat by keeping the security deposit and working with an attorney to file a claim against the delinquent tenant for the remaining unpaid rent and various other unpaid charges.

New York City Commercial Tenant Harassment Law

May 26, 2017 Posted in Landlord/Tenant Law

Midsummer of last year, New York City Mayor Bill de Blasio signed a new bill that prohibits landlords from engaging in commercial tenant harassment.  The bill was codified into law – the “Non-Residential Tenant Harassment” law – and became effective as of September 26, 2016. 

New Jersey Tenant Fixture Law

May 26, 2017 Posted in Landlord/Tenant Law

In New Jersey, as in all other states, landlords and tenants occasionally find themselves disputing over ownership (and potentially removal) of fixtures installed on the property.

NY Section 8 Voucher

May 2, 2017 Posted in Landlord/Tenant Law

The Basics of Section 8 Vouchers in New York The federally funded “Housing Choice” voucher program, often called a “Section 8” voucher because the program is delineated in Section 8 of the United States Housing and Community Development Act of 1974, is a common form of tenant-based rental assistance in which, unlike public housing, the subsidy follows the tenants, who are free to choose their apartments, including those owned by private landlords.

Security Deposit Rules in New York

April 28, 2017 Posted in Landlord/Tenant Law

In New York, landlords are entitled to demand a security deposit from their tenants — typically equivalent to 1 month’s rent — that will provide a form of collateral to the landlord for any excessive damage caused to the premises (or to cover a situation in which the tenant abandons the premises without paying for the remaining term of the lease).  Security deposit issues frequently give rise to disputes, in part because the security deposit amount itself may be substantial in relation to the total rent, but more often because the tenant may disagree with the landlord as to whether the any damage has been caused to the premises that would justify the landlord withholding the deposit.

Landlords Must Make Certain Legally Required Disclosures

April 27, 2017 Posted in Landlord/Tenant Law

When a property is rented to a tenant, the landlord (or an agent thereof) is required to disclose certain details of the property and of the lease itself so that the tenant is fully informed as to dangers or habitability issues prior to taking on the lease.  Though New York statutory law is fairly limited with regard to the specific disclosure requirements it imposes on landlords in the state, fundamental aspects of contract law (i.e., avoidance of fraud) and real estate law (i.e., the warranty of habitability) may give rise to broader disclosure requirements.

Associations Prohibited From Redeeming Tax Sale Certificates

By Stephanie Wiegand, Esq. March 28, 2017 Posted in Community Association Law

In a recent unpublished decision out of the Hudson County Chancery Division, a New Jersey Court has determined that condominium associations do not fit the definition indicated in N.J.S.A. 54:5-54 as an appropriate party that is able to redeem a tax sale certificate.

Affordable Housing in New Jersey

By Stephanie Wiegand, Esq. January 25, 2017 Posted in Community Association Law, Landlord/Tenant Law

This past week, the Supreme Court of New Jersey issued a decision that could require the municipalities of New Jersey to reconsider their affordable housing accommodations. In a unanimous 6-0 decision, written by Justice Jaynee LaVecchia, the Court defined how the municipalities in New Jersey are to calculate their respective needs for affordable housing.

Security Cameras installed by Homeowners

January 11, 2017 Posted in Community Association Law

Growing concerns for individual safety, as well increased access to high quality, low cost security cameras is having an impact on Condominium Associations throughout New Jersey.   Some Unit Owners are asking their Associations to install cameras in common areas, while others simply wish to install their own cameras around their individual units. Many Associations and their Boards are finding themselves in a position where they must decide whether to allow Unit Owners to install personal security cameras; with little guidance as to what course of action is the best.

Rent Abatements for Habitability Issues in Luxury Apartments

January 11, 2017 Posted in Landlord/Tenant Law

A rent abatement is a court ordered remedy for a "habitability" issue. Essentially a portion of the tenant's rent is written off by the court because it is determined that the leased premises did not meet certain standards of living for some period of time.  


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