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NJ Real Estate Dispute

Jan 25, 2016

Lease v. License – What’s the Difference?

In my travels over the years, I have come across instances where business people have confused the distinction between a lease and a license. The distinction is important because the rights and obligations of the parties can be significantly different depending upon what the true relationship is determined to be.

Initially, simply labeling an Agreement a “License Agreement” or “Lease” does not make it so.» Read More

Jan 18, 2016

My Tenants’ Lease is Up – Why Can’t I Just Kick Them Out?

Many times I have been approached by a landlord who wants to evict residential tenants from the premises because the lease has “expired.” The first questions I ask are: 1) whether the landlord lives in the premises, and 2) whether the premises contain no more than two rental units (in addition to the landlord’s unit). If the answer to these questions is “No,” then I give the landlord the bad news: he can’t just “kick out” the tenants, even though the lease term has “expired.”

Other than tenants who live in premises where the landlord resides and there are no more than two additional rental units, residential tenants in New Jersey enjoy substantial protection under the Anti-Eviction Act.» Read More

Nov 20, 2015

Is Cybersecurity Needed In Commercial Real Estate?

Cyberspace issues have infiltrated practically every facet of our lives and with that comes the need for cybersecurity. Click here for an informative article from Cushman & Wakefield regarding the need for cybersecurity in the commercial real estate sphere.

If you have any questions regarding real estate matters, please contact me at tpmckeown@nmmlaw.comRead More

Oct 12, 2015

Sometimes A Building Is Just A Building

The New Jersey Supreme Court recently ruled in favor of a residential landlord, Anna Mae Cashin, who sought to evict Marisela Bello. Bello lived in a single family home located on Cashin’s property, which also contained another building with five residential units.

Cashin had tried several times in the past to no avail to get Bello, who had occupied the property since 1973 at a nominal rent, to leave.» Read More

Jul 02, 2015

Consent Judgements: Not Always What They Appear To Be

On many occasions, a commercial landlord and a tenant who find themselves in court together will enter into a consent judgment as a means to resolve their dispute in order to avoid the time and expense of a trial. The courts provide basic consent judgment forms that the parties may revise to fit their specific situation. A consent judgment will usually contain payment terms with which the tenant must either comply or risk eviction.» Read More

Apr 17, 2015

It’s All About Performance, Specifically

Let’s say you’ve entered into a contract to buy a piece of property: your dream house, horse farm, or cattle ranch. The price has been negotiated at arm’s length, the contract is signed, you’ve applied for a loan, and you are looking forward to the closing date. The closing date finally approaches, but the seller puts it off. This happens several more times, and you start to get that sinking feeling.» Read More

Apr 06, 2015

Courts Take Over Administration Of Affordable Housing in New Jersey

On March 10, 2015, the New Jersey Supreme Court essentially “benched” the Council On Affordable Housing (“COAH”) as a result of its continued failure to adopt “Third Round Obligations”, the Second Round Obligations having expired in 1999. In re Adoption of N.J.A.C. 5:96 and 5:97 by the N.J.Council on Affordable Housing (M-392-14; 067126).

The Court ruled that New Jersey courts may resume their role as the forum of first resort for evaluating municipal compliance with Mount Laurel obligations.» Read More

Mar 06, 2015

No Good Deed – Realtor Exposure Under FDCPA For Attempting To Collect Rent

A New Jersey Federal District Court recently refused to dismiss a plaintiff’s claim under the Fair Debt Collection Practices Act (FDCPA) brought against a realtor who took steps on behalf of the landlord-client to try and collect overdue rent from the plaintiff.

What happened to the plaintiff in this case seems rather draconian. Apparently, plaintiff was approximately 10 days behind on her rent.» Read More

Feb 12, 2015

NJ Supreme Court on The New Jersey Spill Act: “Take Your Time.” Under No Time Limit On Private Actions For Contribution

The below post is authored by contributor Martha N. Donovan.

Having been silent on the interpretation and application of the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq. (“Spill Act”) for many years, the New Jersey Supreme Court has, over the past two years, been very active in interpreting and applying the language of the New Jersey Spill Act, clarifying and fundamentally changing the practice of environmental law in New Jersey.» Read More

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