As the expenses associated with property ownership continue to escalate, many landlords have begun to pass their expenses onto their tenants through the use of rent increases. Since tenants very often cannot afford to pay the requested increases, New Jersey tenancy Courts are trying an alarming number of contested rent…
New Jersey Real Estate Attorney Blog
New Jersey Zoning Law: A Case Study in Relying on the Wrong Information from a Municipal Official
The matter of O’Neill v. Township of Tewksbury Zoning Board provides a lesson for property owners who rely on municipal Zoning Officials. Mark and Kathy Wood were delighted to learn that a municipal zoning ordinance stating that tennis courts could not be constructed within forty feet of a property line…
New Jersey Rent Security Deposit Act: How it Affects Landlords and Tenants
In 2004, the New Jersey Legislature revised the Rent Security Deposit Act. Under the revised Act, there are three major components, which are very often misinterpreted by inexperienced landlords, tenants and their attorneys. In this week’s article we will discuss and explain those provisions. Initial Notification The first component to…
New Jersey Evictions for Personal Occupancy: Understanding the Rules
One unique aspect of New Jersey tenancy law is the notion that a residential tenant is a “tenant for life” who cannot be evicted simply by letting the lease run out. In fact, even in cases where the residential lease states that the tenant must vacate on a certain date,…
New Jersey Housing Occupancy Limits: How Many People is Too Many?
In 2000, the International Code Council developed a comprehensive set of property maintenance regulations designed to provide municipal code enforcement officials with guidance on a variety of issues concerning the construction and occupancy of structures. Like its predecessor, the BOCA Maintenance Code, nearly all municipalities in the State of New…
State Tax Ruled to Be Cumulative and Unconstitutional
In this week’s article, we will examine the subject of cumulative taxation. The case involved the Geoffrey Corporation, which owns Toys R Us and Babies R Us. The State of South Carolina had levied a tax upon said corporation in the amount of 5% of its net income. Said tax…
New Jersey Real Estate Condemnations: When is Compensation Required?
As the population of New Jersey continues to increase, expansions and changes to existing roads becomes necessary. Such changes often require the conversion of privately owned lands into publicly owned lands. This requires a proceeding known as a condemnation (sometimes called a taking). While a landowner in this situation will…
New Jersey Landlords who Acquire Title from Their Tenants May Now Face Sanctions Under Consumer Fraud Act
In a previous blog, we discussed some of the potential consequences for landlords who have acquired title from their tenants. The main issue at hand, was the fact that landlords who have acquired title from their tenants may lose the advantage of having their eviction actions heard in Landlord Tenant…
New Jersey Eviction Courts Reluctant to Try Cases Involving Options
As a result of unsound real estate purchasing and borrowing decisions, coupled with the recent epidemic of losses of income, many property owners have found themselves in severe risk of foreclosure. Some owners have looked for creative ways to avoid the possibility of losing the home, which they cannot afford…
New Jersey Section 8 Leases: Rules and Consequences
The Section 8 Program was designed to enable the government to assist low income families with their rent by paying a subsidy directly to the landlord. There are currently about 60 Public Housing Authorities in New Jersey administering Section 8 Housing Vouchers and Certificates for approximately 60,000 households. The rules…