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March 25, 2015 Posted in Landlord/Tenant Law Share

Security deposits are an important form of insurance that a tenant will pay over to a landlord, for the landlord to hold in trust, at the start of a lease term to ensure that the tenant complies with the terms of the lease agreement. The rules regarding security deposit procedures are governed by state law. New Jersey and New York have different laws concerning the maximum amount that can be accepted as a security deposit, how the payment is held in escrow, and how the security deposit is processed and returned upon the termination of a tenancy. This article gives a general overview on the security deposit laws in the two states.  

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. 

March 11, 2015 Posted in Community Association Law Share

In New Jersey, the process of a foreclosure action by a condominium association can be lengthy.  There are several factors that can cause delays in a foreclosure action.  The foreclosure department has been backlogged that thus has slowed down the processing and approval of foreclosures in the state.  Once a final judgment of foreclosure and writ of execution are issued in an action, proceeding with a Sheriff’s sale can take time as well.  Many Sheriff’s departments are also backlogged and this may cause a delay in scheduling and conducting sales of the foreclosed properties.  Lastly, some unit owners file for bankruptcy.  This puts a stay (or hold) on a foreclosure action, pending the resolution of the bankruptcy proceeding.

March 4, 2015 Posted in Community Association Law Share

In an opinion decided on December 3, 2014, New Jersey’s Supreme Court further refined the case law regarding free speech and community associations by striking down a house rule that gave the Board unfettered discretion as to what could and could not be distributed to the community. 

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 30, 2014 Posted in Community Association Law Share

For the seasoned board member or corporate meeting-attender, taking thorough meeting minutes may seem like a routine practice in faithful recordation, as well as a legal requirement in many instances. However, as your community association law attorney will explain, taking meeting minutes during a residential association executive board meeting can lead to disastrous results for your team in the event it finds itself in the crosshairs of litigation with a resident or aggrieved plaintiff. 

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.