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
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
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
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
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
Valentine’s Day will soon be upon us, when everyone’s fancy will turn to — real estate ownership issues? Well, of course! It seems more and more couples (as in unwed couples) are choosing to put off marriage, but not the purchase of a love nest. As the old adage goes, there’s nothing certain in life except for death and taxes. In many instances, love is not forever but regret can be.» Read More
A recent New Jersey Appellate Division case ruled that lawyers handling transactional matters – such as real estate contracts – may have a legal duty to explain to their clients the terms of a contract, even if those terms are unambiguous and the client personally negotiated them.
In the unpublished decision of Cottone v. Fox Rothschild, the Appellate Division overturned the trial court’s dismissal of plaintiff’s claim that his lawyer committed malpractice by missing a last minute revision of a key provision in the contract, which ended up costing the client a lot of money.» Read More
In football, if you interfere with the receiver trying to catch the ball, that’s pass interference. In basketball, if you impede the forward progress of the player with the ball, you will draw a foul. In baseball, it is illegal to interfere with the runner between the base paths. Are you starting to discern a pattern here?
Much like in some of our favorite sports, it is also illegal to interfere with a prospective purchaser’s contract, or prospective contract, to purchase property.» Read More
Generally, where there is a final judgment on the merits by a court having jurisdiction, that judgment is conclusive between the parties to a suit as to all matters that were litigated or that could have been litigated in that suit. In other words, you generally can’t have two bites at the proverbial apple.
How does this concept affect the entry of a judgment for possession in favor of a landlord, or a judgment in favor of a tenant dismissing an eviction action?» Read More
If you are a commercial landlord, then chances are you have a relatively good relationship with your tenants. However, there are instances where a landlord and one of the tenants fall into a toxic relationship, or the tenant simply runs into financial difficulties resulting in nonpayment of rent, forcing the landlord to file an eviction action.
What can a landlord expect to have happen at the trial?» Read More