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Landlord’s Rights and Obligations in the Airbnb World

March 18, 2015 Posted in Landlord/Tenant Law

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. 

Avoiding the Pitfalls of Tenant Bankruptcy

February 25, 2015 Posted in Landlord/Tenant Law

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. 

Towing Vehicles of Delinquent Unit Owners: Is This Permissible?

December 23, 2014 Posted in Community Association Law, Landlord/Tenant Law

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

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

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.

Screening Tenants

October 30, 2014 Posted in Landlord/Tenant Law

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

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

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.

A Landlord's Duty To Mitigate Damages For Breached Leases

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

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

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

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?

By Jennifer L. Alexander, Esq. July 2, 2014 Posted in Landlord/Tenant Law

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.


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