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New Jersey Real Estate Attorney Blog

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New Jersey’s Summary Dispossess Act – No Protection for Tenants of Owner-Occupied Premises

In New Jersey, most residential tenants are protected by the Anti-Eviction Act, which provides protection to residential tenants against evictions without cause. The fundamental principal of the Anti-Eviction Act is that the expiration of a residential lease does not terminate the tenancy. Recognizing the unfairness of forcing resident landlords to…

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New Jersey Landlord Tenant Law: A Revision for the Collection of Legal Fees by Tenants

One central principle of the American legal system is that each party generally pays his or her own legal fees. There are, however, exceptions to this rule. One exception exists in cases in which there is a “fee shifting” statute that requires a particular party to pay the other party’s…

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New Jersey Tenant Problem: What to do when a tenant who owes rent claims Constructive Eviction

A few weeks ago, one of our clients encountered a common problem. The problem was that her tenant had attempted to cancel the lease several months before its expiration, claiming that his reason for doing so was that there was mold in the dwelling, rendering it uninhabitable. The claim by…

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New Jersey Rent Control Epidemic Spreads to Neptune Township

Our office previously reported on the law concerning New Jersey Rent increases. For landlords in towns that have not instituted rent control, the only requirement is that the landlord must prove that the rent increase being sought is not unconscionable. There would, therefore, be no preset percentage of allowable increase.…

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New Jersey: Collection Practice and Procedure for Claims Against Past Tenants (part 2)

Last month, our office released Part One of our two-part blog on collection actions. We had examined the steps involved in filing the suit for collection and what to expect on the day of Court. Our article ended with the entry of a Judgment against the Defendant, along with the…

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New Jersey: Collection Practice and Procedure for Claims against Past Tenants (part 1)

In this multi-part article, we will discuss various aspects of collection practice for Landlords who are owed rents from prior tenants. The vast majority of New Jersey eviction actions are filed for non-payment of rent. Evictions based upon other causes comprise less than 10% of all filings. Our office is…

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