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New Jersey Landlords Must Not Retaliate Against Their Tenants

June 28, 2018 Posted in Landlord/Tenant Law

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.

Procedural Requirements for Notifying a Tenant of Eviction

June 14, 2018 Posted in Landlord/Tenant Law

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.

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

May 25, 2018 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.

Recent Developments with New Jersey Affordable Housing

May 11, 2018 Posted in Landlord/Tenant Law

It has been forty-three years since the first Mount Laurel decision, decided by the New Jersey Supreme Court in 1975, recognized that municipalities have a constitutional obligation to produce a fair share of housing for low to moderate-income families. 

What Happens to the Lease When a Tenant Dies or Vacates to a Nursing Home?

April 23, 2018 Posted in Landlord/Tenant Law

As a residential landlord, it’s important to understand that New Jersey statutory law grants tenants (in very limited circumstances) the option of prematurely terminating their lease without having to incur the normal penalties of vacating a lease early.

New Jersey Residential Landlords Must Make Certain Disclosures

April 9, 2018 Posted in Landlord/Tenant Law

As a residential landlord in New Jersey, you may be wondering how much information you must disclose to your tenants.  You may think that the imposition of disclosure duties on residential landlords is unreasonably burdensome — and in some cases, it may be.  Tenants, after all, can inspect a premises to some degree and determine whether it is suitable for their needs and preferences.  You cannot escape a disclosure duty, however.  Failure to disclose pertinent information could expose you to potential damages.

Repair & Deduct and Rent Withholding — When Are These Unjustified?

March 23, 2018 Posted in Landlord/Tenant Law

In New Jersey, residential landlords have a duty to maintain their units in such a way that they are fit for residential purposes through the term of the lease.  Any damage caused to “vital facilities” that influence the habitability of the unit must be reasonably repaired in a timely manner.

Certain Tenants May Break Their Lease Without Penalty

March 9, 2018 Posted in Landlord/Tenant Law

The landlord-tenant relationship is a complicated one, in which there are often no true heroes or villains — in many cases, conflicts arise from basic differences in what the landlord needs, and what the tenant needs.

Can You Evict a Tenant for Having a Pet?

February 23, 2018 Posted in Landlord/Tenant Law

In New York, landlords are entitled to include a no-pet clause in the lease agreement that prohibits the tenant from keeping a pet in the unit (and in the larger development, generally).  It is often the case, however, that tenants attempt to hide their ownership of a pet or otherwise violate the contract — perhaps in the hopes that the landlord will simply resign themselves to the presence of the pet.

Noise Nuisances and Eviction

February 9, 2018 Posted in Landlord/Tenant Law

In New York, a tenant who creates a noise nuisance — same as any other nuisance — may give their landlord the right to evict them from the property (or at least to compel the tenant to stop the nuisance).


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