No, not that wall. I am writing about another wall — a retaining wall, to be precise, damage to which precipitated a war of sorts between neighbors.
In 2004, Defendant purchased a home and has lived there ever since. A retaining wall separated defendant’s property from Plaintiff’s property. After 2004, a few mulberry trees began to grow on Defendant’s property near the retaining wall.» Read More
The deadline to appeal a 2016 property tax assessment is April 1. If your property is over-assessed and you would like to file an appeal, please contact Nick Pellitta at firstname.lastname@example.org or Andrew Linden at email@example.com.
Click here to read their alert on how property tax appeals can save you money!» Read More
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
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
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 firstname.lastname@example.org.» Read More
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
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