Blog

February 12, 2019 Posted in Landlord/Tenant Law Share

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.

January 8, 2019 Posted in Community Association Law Share

In the New Jersey private property context, the right to put up signage on one’s own property is directly tied to free speech rights.  Restrictions imposed on signage are -- in essence -- a curtailment of free speech rights, and as such, unit owners in a condominium complex may have a legitimate action against the condominium association, when a restriction goes above-and-beyond the bounds of reason.

Let’s take a peek at how it works.

December 24, 2018 Posted in Landlord/Tenant Law Share

New York Governor Andrew Cuomo has signed the “No Pet Gets Left Behind Law” to protect pets from being abandoned after an eviction occurs. In many instances, people are not home when they are evicted from a premises. 

This situation caused one tenant to be unable to go into the apartment and retrieve his dog following a legal lockout.  The dog was unfortunately left in the apartment for two days before the tenant was allowed in to retrieve his pet. 

December 24, 2018 Posted in Landlord/Tenant Law Share

Under the Anti-Eviction Act, one of the ways in which a landlord may regain possession of a leased premises is by proof of willful or grossly negligent conduct that caused or allowed destruction, damage or injury to the premises.  N.J.S.A. 2A:18-61.1(c). Generally, when landlords are seeking to evict a tenant under this section of the statute, the tenant was the individual who caused the damage.

December 18, 2018 Posted in Landlord/Tenant Law Share

The Fair Housing Act, 42 U.S.C. 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, whose discriminatory practices make housing unavailable to persons with disabilities.  Recognizing that individuals with physical disabilities often require the services of an animal to assist them in their daily activities, the FHA has enacted rules to address this issue under Section 504b of the Rehabilitation Act of 1973 (the “Act:).

November 16, 2018 Posted in Landlord/Tenant Law Share

New York landlords may be surprised to find that their tenants have a right to sue (and recover damages) due to losses sustained in certain common areas of their buildings.  Landlords must therefore adequately maintain common areas and avoid creating a situation in which a tenant is likely to “blame” them for losses.

July 13, 2018 Posted in Landlord/Tenant Law Share

In the state of New York, eviction can be a rather frustrating process, depending on the hostility of the tenant and their willingness to challenge legitimacy or legality of the landlord’s eviction actions.

June 28, 2018 Posted in Landlord/Tenant Law Share

In New Jersey, as in most other states, landlords must be careful to avoid infringing on their tenant’s rights — particularly in the wake of a complaint or other legal action taken by the tenant.  New Jersey statutory law basically prohibits (and serves as grounds for a civil action for damages and other relief) landlords from retaliating against their tenants for exercising their legal rights.

June 14, 2018 Posted in Landlord/Tenant Law Share

In New Jersey, and throughout the country, a tenant may be evicted under certain circumstances (i.e., rent nonpayment, disorderly conduct, willful destruction of property, violation of rules in the rental agreement, etc.), but it’s important to note that landlords are not bestowed with unlimited power with respect to evictions.  Landlords must act in accordance with the various procedural rules imposed on them by the state of New Jersey — particularly with regard to notification of their intent to evict the tenant.