Blog

March 18, 2015 Posted in Landlord/Tenant Law Share

One of the biggest topics in New York landlord/tenant law right now is the ongoing legal and public opinion battle between Airbnb and the City of New York. Many landlords in New York find many of their apartments rented out each day to tourists, business travelers or others on short-term stays, many as short as one (1) night. As New York Councilman Corey Johnson recently expressed in a New York Times article, “No one should have to live in a building or next to someone where the apartment is being used as an illegal hotel, people coming and going, traipsing in and out, no idea who they are.” In addition to the fears of residents and landlords regarding the safety and security of living in or operating a building with transient tenancies, it is also against the law. 

February 25, 2015 Posted in Landlord/Tenant Law Share

As a condominium or homeowners’ association, you have a duty to ensure all residents are paying dues on time and in full. Moreover, you also likely have a set of governing documents (e.g., restrictive covenants) detailing the procedures to follow if a tenant or resident fails to meet his or her responsibilities with regard to the payment of dues. In a problem all-too-common, HOAs are often tasked with difficult “debt collection” duties – and may wind up spending an inordinate amount of time tracking down payments from irresponsible tenants and residents. 

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. 

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. 

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. 

By Jennifer L. Alexander, Esq. September 3, 2014 Posted in Landlord/Tenant Law Share

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.

By Jennifer L. Alexander, Esq. July 23, 2014 Posted in Landlord/Tenant Law Share

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.

By Jennifer L. Alexander, Esq. July 16, 2014 Posted in Landlord/Tenant Law Share

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.