Norris McLaughlin & Marcus, P.A.

Blogs > NJ Real Estate Dispute

Landlord Tenant Disputes

Jul 07, 2017

What Exactly is Privity?

One of the knocks against the legal profession is that it uses terms that are obscure or undecipherable by the rest of the population. One of those terms is “privity.” It gets thrown around in some circles with less than a full understanding of what the term means and how it may apply. Generally, the term “privity” connotes a close, direct, or successive relationship; one having a mutual interest or right.» Read More

Feb 22, 2017

Landlord Pre-Lease Execution Checklist

As with anything worth pursuing, the better prepared a landlord is before signing a lease the better off the landlord will be should any difficulty arise during the term of the lease. Below is an outline of items a landlord should address prior to signing a lease as part of due diligence:

  • Document the condition of the premises. Take pictures of the entire inside and outside of the property and keep handy any repair invoices.
» 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

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

Dec 23, 2014

The Effect Of A Judgment For Possession On Other Potential Lawsuits Between A Landlord And A Tenant

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

Dec 16, 2014

Anatomy Of A Tenancy Trial

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

Feb 24, 2014

Notice Requirements For Eviction (N.J.S.A 2A :18-53)

As I may have mentioned or alluded to in previous posts, commercial landlords are not free to simply evict a tenant once the tenant does something in violation of the lease. At a minimum, in those instances where the tenant has failed to pay rent, a landlord must file a summary dispossess complaint. In cases of defaults other than for the nonpayment of rent, a Notice to Quit and Demand for Possession must first be served on the tenant and the quit date must pass before an eviction complaint may be filed.» Read More

Apr 25, 2013

Landlords Are Not Guarantors

Judge Mahlon Fast, J.S.C., a recognized expert in Landlord/Tenant law in New Jersey, recently issued an opinion in Gardens at Maplewood v. Fowlin, stating that a tenant whose apartment was damaged in the “Sandy Superstorm” was not entitled to a rent abatement for the period of time the dwelling is rendered less than habitable as a result of the disaster.» Read More

Nov 26, 2012

Landlord’s Self-Help Remedy Lands Them in Court with Tenant

I have blogged in the past how landlords who exercise self-help remedies do so at their own peril. The Vitamin World v. Hartz case is a prime example of what happens when a commercial landlord simply padlocks someone’s business — the business owner goes to court! In this instance, however, it appears that Hartz made a business decision to shut down the Harmon Cove Outlet Center, which had been performing poorly, and offered to relocate its existing tenants to other Hartz Mountain properties.» Read More

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