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By Stephanie Wiegand, Esq. May 30, 2019 Posted in Landlord/Tenant Law Share

When a tenant passes away, landlords often face questions of what to do with the apartment and how to respond to family members and next of kin during such an emotional time.  There is also the difficult situation of handling a tenant who has become ill, infirm, and/or needs to terminate his/her tenancy early to transfer permanently to a nursing or assisted living home.  Under the law, there are certain requirements that a tenant or next of kin must follow to provide for a smooth transition in such times

By Jennifer L. Alexander, Esq. May 2, 2019 Posted in Landlord/Tenant Law Share

Griffin Alexander, P.C. watches and anticipates recent trends, legislation and lawsuits governing community association and landlord/tenant law. One recent trend in community living is association concern conflicting fair housing laws.

By Jennifer L. Alexander, Esq. April 29, 2019 Posted in Landlord/Tenant Law Share

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.

April 9, 2019 Posted in Landlord/Tenant Law Share

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.

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

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.

March 7, 2019 Posted in Landlord/Tenant Law Share

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

March 5, 2019 Posted in Landlord/Tenant Law Share

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.

February 20, 2019 Posted in Landlord/Tenant Law Share

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.

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

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.