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What to Do With a Tenant’s Personal Property After a Tenancy Ends
December 29, 2017 Posted in Landlord/Tenant Law Share
When a tenant vacates their rental property (and the tenancy ends), some personal property may be left behind. In New Jersey, however, the Abandoned Tenant Property Statute applies certain restrictions to what landlords may do with such property. Fundamentally, a landlord may not dispose of personal property left by a tenant without first allowing the tenant to recover their abandoned personal belongings — and this requirement is applicable in situations where the tenant was legally evicted or otherwise is not current on rent payments.
New York Commercial Landlords Have No Mitigation Duty
December 15, 2017 Posted in Landlord/Tenant Law Share
In the state of New York, commercial landlords do not have a duty to mitigate their damages when a tenant is delinquent in their payments, vacates their property, and breaks their existing lease. This is an incredibly favorable state of affairs for the commercial landlord, as the tenant cannot undermine the damage claim of the landlord (in a lawsuit to recover unpaid rent) by asserting that the landlord failed to make reasonable efforts to find a suitable replacement tenant.
Understanding Rent Increases in New Jersey
November 30, 2017 Posted in Landlord/Tenant Law Share
In New Jersey, landlords are subject to regulation when it comes to increasing rent. Landlords are entitled to increase the rent for their tenants, of course, but there are certain processes that they must adhere to, and certain limitations that restrict the degree to which they can change the rent.
Tenants Must Control Their Pets
By November 17, 2017 Posted in Landlord/Tenant Law Share
As a residential landlord, there are all manner of nuisances that you may have to contend with as you navigate the state of New Jersey’s landlord-tenant legal landscape. Particularly in situations where there are multiple people in close proximity of one another (i.e., an apartment building, or multiple tenants living together in a house), there is a high likelihood of potential nuisances.
Navigating the Complexities of Fair Housing Laws
By June 23, 2017 Posted in Landlord/Tenant Law Share
The Fair Housing Amendments Act of 1988 (“FHAA”) is a federal law prohibiting discrimination in the rental of dwellings for certain protected classes.[1] The exhaustive list of protected consists of race, color, religion, sex, national origin, familial status and handicap.[2] The Americans with Disabilities Act (“ADA”) also provides additional protection for individuals with disabilities. The New Jersey Law Against Discrimination (“LAD”) is a state law that expands upon the federal requirements to include additional protected classes that are not otherwise covered by federal law.[3]
Parking Enforcement Rules and Rights- When is it permissible to tow?
June 12, 2017 Posted in Community Association Law, Landlord/Tenant Law Share
It is well known that parking can be an especially frustrating problem for individuals living in community settings, especially in apartments and condominium associations. Whenever action is taken against wrongfully parked vehicles, there is bound to be an emotional reaction. Accordingly, it is essential for communities to have enforceable and effective rules and regulations in place regarding the towing of illegally parked vehicles in order to avoid potential litigation.
The Duty to Mitigate as a Commercial Landlord
May 29, 2017 Posted in Landlord/Tenant Law Share
As a landlord — commercial or residential — the possibility of a tenant prematurely vacating the property and leaving you with no immediate financial recourse for obtaining rental payments can be rather frightening. Certainly, this difficult situation can be remedied somewhat by keeping the security deposit and working with an attorney to file a claim against the delinquent tenant for the remaining unpaid rent and various other unpaid charges.
New York City Commercial Tenant Harassment Law
May 26, 2017 Posted in Landlord/Tenant Law Share
Midsummer of last year, New York City Mayor Bill de Blasio signed a new bill that prohibits landlords from engaging in commercial tenant harassment. The bill was codified into law – the “Non-Residential Tenant Harassment” law – and became effective as of September 26, 2016.
New Jersey Tenant Fixture Law
May 26, 2017 Posted in Landlord/Tenant Law Share
In New Jersey, as in all other states, landlords and tenants occasionally find themselves disputing over ownership (and potentially removal) of fixtures installed on the property.
NY Section 8 Voucher
May 2, 2017 Posted in Landlord/Tenant Law Share
The Basics of Section 8 Vouchers in New York The federally funded “Housing Choice” voucher program, often called a “Section 8” voucher because the program is delineated in Section 8 of the United States Housing and Community Development Act of 1974, is a common form of tenant-based rental assistance in which, unlike public housing, the subsidy follows the tenants, who are free to choose their apartments, including those owned by private landlords.