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THE LANDLORD’S RIGHT TO EVICT A LOUD TENANT IN NEW JERSEY

By Philip Ing, Esq. April 29, 2019 Posted in Landlord/Tenant Law

Landlords have a strong interest in protecting tenants from noise disturbances caused by other tenants. Many common noise complaints are loud music, shouting/yelling, slamming doors, banging/stomping, and dog barking (where pets are permitted under the lease). In New Jersey, a landlord may evict a tenant for excessive noise caused by either the tenant or his guests and invitees. It is not likely that a tenant who is responsible for loud noise disturbances on one or two occasions during daytime hours will result in an eviction proceeding, but rather it is a continuing pattern of loud noise disturbances at various times of the day and evening.

Overcharging Rent-Controlled Tenants Could Lead to Penalties

April 9, 2019 Posted in Landlord/Tenant Law

Rent control ordinances are handled at the municipal level in New Jersey, and this leads to significant variance from city-to-city.  It’s important to understand, however, that violations of rent control ordinances are handled by state law.

Amendments to Anti-Eviction Act would Provide Landlords with Recourse for Overcrowding

By Jennifer L. Alexander, Esq. & Robert C. Griffin, Esq. April 5, 2019 Posted in Landlord/Tenant Law

A new bill was recently proposed to the New Jersey Senate amending the Anti-Eviction Act (N.J.S.A. 2A:18-61.1). The bill, sponsored by Senator Anthony R. Bucco of District 25 (Morris and Somerset), amends the Anti-Eviction Act (“Act”) to include a method of eviction for overcrowding in residential apartment communities.

New Jersey Law Governing Rent Increases

March 7, 2019 Posted in Landlord/Tenant Law

There are statewide and municipal regulations in New Jersey governing the legality of rent increases. 

What Every Landlord Should Know When a Tenant Files a Bankruptcy Petition

By Glenford Warmington, Esq. March 5, 2019 Posted in Landlord/Tenant Law

The filing of a bankruptcy petition by a tenant will alter the landlord tenant relationship. Specifically, the filing of a petition will affect a landlords rights as it relates to evictions, and the collection of rents that are in arrears.  A violation of the bankruptcy rules by a landlord carries significant penalties, and therefore, any action by a landlord subsequent to the filing of a petition must be addressed with deliberate care.

New Jersey Appellate Court upholds Lower Court Decision to evict tenant for Assault

February 20, 2019 Posted in Landlord/Tenant Law

In a recent written opinion, the New Jersey Appellate Division upheld a trial court’s ruling permitting the eviction of a tenant who was found to have assaulted another tenant. This case, Tamerlane & Tamerlane III v. Andrea Hollis, (Docket Number: A-3788-16T3, decided December 12, 2018, not for publication without approval of the Appellate Division), is notable in that the tenant was evicted even though she was not criminally prosecuted or found guilty of assault. The decision is also noteworthy for landlords and property owners as it addresses the valid legal steps to evict a resident who is acting in a similar manner.

Implications for Pennsylvania Landlords, Homeowners Associations and their Residents under Pennsylvania's Assistance and Service Animal Integrity Act

February 20, 2019 Posted in Community Association Law, Landlord/Tenant Law

On October 24, 2018, the Pennsylvania State Legislature passed Act 118, known as the  Assistance and Service Animal Integrity Act (“ASAIA”).  This law, which went into effect on December 24, 2018, is aimed at preventing residents living in apartment building communities and homeowners associations from committing fraud in claiming that their pet is a service or assistance animal when in fact the residents do not have a disability, and keeping the animal would otherwise be a violation of their lease or homeowners association rules.

Landlords Must Install Window Guards in Certain Units

February 15, 2019 Posted in Landlord/Tenant Law

In New York, residential landlords have a number of obligations that can change depending on the particularities of the tenant’s living situation and the layout of the building itself — among these is the requirement to install windows guards.  As a landlord, your failure to do so could expose you to significant civil liability.

Landlords Must Provide Reasonable Accommodations to Disabled Tenants

By Jennifer L. Alexander, Esq. February 13, 2019 Posted in Landlord/Tenant Law

Landlords in New Jersey have a number of duties and responsibilities that they must adhere to with regard to civil rights, fair housing, and issues relating to discrimination. Landlords must, therefore, understand applicable regulations in order to avoid committing a violation that could result in significant civil liability.

Cleanliness of Multiple Dwellings

February 12, 2019 Posted in Landlord/Tenant Law

In New York, as in other states, residential landlords have a variety of duties that they must uphold.  This includes a duty to maintain the cleanliness of a “multiple dwelling.”  Failure to do so may give one of your tenants a right to terminate the lease early, or even to sue and recover damages.  Given the risk of liability, it’s important to understand your responsibilities under the law (and the limits) as a residential landlord.

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