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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.

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.

By Jennifer L. Alexander, Esq. 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.

July 27, 2017 Posted in Community Association Law Share

New Jersey Governor Chris Christie signed into law P.L. 2017, Ch. 106 (S-2492/A-4091) on July 13, 2017. This new law, will affect community associations, such as condominiums and homeowner associations, throughout the state of New Jersey by making the board election process more democratic. Additionally, this new legislation will supersede every community association’s by-laws, if there are conflicts between the new law and current By-Laws. Accordingly, many Associations will seek to amend their By-Laws to incorporate provisions of this law. In some cases, elections may have to be postponed in order to work on election procedures.

July 7, 2017 Posted in Community Association Law Share

In the state of New York, as in other states, homeowner associations (HOAs) and condominium associations (COAs) are entitled to demand dues and specific payments relating to different services — known as assessments — that are necessary for administration, maintenance, and the carrying out of various other association responsibilities.  Assessments are the lifeblood of an HOA/COA.  Without such financial support, the association cannot perform its functions adequately.

By Jennifer L. Alexander, Esq. 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]  

June 12, 2017 Posted in Community Association Law Share

An Appellate Division case, Woodlands Cmty. Ass’n v. Mitchell, 2017 N.J. Super LEXIS 67, was published on June 6, 2017. The court considered whether a lender’s assignee that takes possession of a condominium unit when the mortgagor defaulted on the loan, is considered a “mortgagee in possession” of the unit when the assignee winterizes and changes the locks and therefore responsible for the payment of the condominium fees and assessments. The Court held that winterizing the unit and changing the locks are “minimal actions” and do not deem the lender a “mortgagee in possession.”

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.

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.