The prohibition against double jeopardy, which precludes a person from being tried twice for the same crime, has an equivalent in the civil courts. The concept of Res Judicata stands for the principle that a person cannot be sued twice for the same dispute. However, similar to the prohibition against…
New Jersey Real Estate Attorney Blog
New Jersey Evictions: No Counterclaims For Sanctions Against Landlords
According to a recent report in Newark’s Star Ledger, the average rent for a New Jersey 2- bedroom apartment is $1302 per month.* However, for thousands of landlords who are not being paid their rent on time, the statistic translates to more than $40 per day of lost rental income.…
Fort Monmouth Closure: Affect On New Jersey Property Values
For more than 80 years, Fort Monmouth had been a vital component of Monmouth County’s economic base. It had provided thousands of residents with jobs and housing, and has provided indirect benefits to thousands of businesses, including those in the retail sector. In April of 2005, the Pentagon recommended that…
New Jersey Tenants Afforded Greater Latitude Under “One Strike” Policy
In 1996, in an effort to solve an epidemic of rampant drug use in publicly assisted housing, President Clinton announced a “one strike and you’re out” initiative for Section 8 and public housing projects. The new guidelines included more comprehensive screening and stricter eviction policies relating to drug use and…
New Jersey Landlords Continue to find Tenants
In the week between Christmas and New Year’s Day, when landlords have historically encountered the most difficulty finding tenants to fill their vacancies, the issue of rent loss is once again in the forefront of our discussion on maximizing revenues for all the landlords we represent. In 2007, we saw…
New Jersey Evictions: When are Late Fees Enforceable?
The recent downturn in the economy has substantially impacted the business of residential rentals. As tenants continue to struggle to pay their rents on time, they also continue to incur late fees, thus further depleting their limited resources. The question then becomes whether late fees are allowed, and if so,…
New Jersey Landlord Tenant Law: The Importance of Obtaining a Certificate of Occupancy
Our firm previously reported on the importance of obtaining a Landlord Registration Statement. This time, we are going to discuss the Certificate of Occupancy. Unlike the Landlord Registration Statement, a Certificate of Occupancy is not a requirement for evicting a tenant in New Jersey. The lack of a Certificate of…
New Jersey Landlord Tenant Court: Is the Landlord’s Appearance Really Necessary?
Since 2002, the Law Office of Michael D. Mirne, L.L.C. has filed several thousand eviction complaints in 13 different counties throughout New Jersey. Each week, a few landlords ask us whether they need to be present on the day of Court. While the question may sound simple, the answer is…
New Jersey Real Estate Tax Appeals: When Are Non-Usable Sales Usable?
In the State of New Jersey, the amount of real estate tax you must pay is based in part on the municipality’s “assessment” or assigned value of your property. As property values have declined over recent years, some towns have reduced their assessments in order to keep up with the…
New Jersey Tax Appeals: Issuance of Refunds by Municipality
As real estate values continue to drop, municipalities are once again scrambling to budget for reimbursements to taxpayers who win their appeals. While real estate tax appeals are typically filed by April 1, they are often not heard until July or August. In some cases, the County Tax Board will…