In our last blog post discussing Landlord-Tenant Law The Jayson Law Group LLC examined the first statute of The Abandoned Property Act (“the Act”).  We created a hypothetical for the Landlord, and will look at what the Landlord should be doing with the abandoned property.  If you have not read it we suggest you read it to know the example which the rest of this series is referencing. In this post we examine the next two statutes in the Act.  Now let us take a look at the notice requirements of The Abandoned Property Act.  Continue reading →

You are the Landlord.  You went through the court system, and you received a judgment for possession from the court.  You filed the appropriate paperwork with the court.  You filed your warrant for removal along with the Landlord certification.  The Court Officer served an eviction notice on the premise, and you received possession of the property either by the Court Officer or through the Tenant voluntarily giving up possession of the property.  As you begin to walk through your property you notice that the Tenant left their personal property in the house.  You remember the judge stating that anything the Tenant leaves behind is abandoned property and becomes the property of the Landlord.  So, as the Landlord, what can you do with this property?  Continue reading →

In our last post, The Jayson Law Group LLC created a scenario between a Landlord and a Tenant where the relationship between the two parties soured as the conditions of the Tenant’s rented dwelling deteriorated. Here is a refresher of the scenario:

A Tenant rents a dwelling from a Landlord. The term of the lease is for one (1) year with a rental amount of $1,500.00 per month due on the first of the month. For the first five months of the lease everything is going fine. The Tenant makes the monthly payments on time. If there is an issue with the dwelling, then the Tenant notifies the Landlord and the Landlord fixes the issue in a timely manner.  Continue reading →

The Jayson Law Group LLC serving landlords in New Jersey  is going to examine the differences between the defenses of Habitability versus Constructive Eviction.  This post will look at the habitability defense, our next post will look at the constructive eviction defense.  Both posts will use this example below:

A Tenant rents a dwelling from a Landlord. The term of the lease is for one (1) year with rent equaling $1,500.00 per month due on the first of the month. For the first five months of the lease everything is going fine. The Tenant makes the monthly payments on time, if there is an issue the Tenant notifies the Landlord and the Landlord fixes the issue in a timely manner.  Continue reading →

A Landlord trying to evict a Tenant in New Jersey knows it is a difficult process.  If the New Jersey State Assembly and State Senate have their way it could also become more expensive.  The Bill being referenced is a proposed supplement to Title 2A of the New Jersey Statutes, Assembly Bill A3851 and Senate Bill S2018.  Most recently, the Senate Bill replaced the Assembly Bill and is now the one both houses of the legislature are using.

What Does the Bill Say?

The Bill itself is to level the playing field when it comes to cost of attorneys fees and expenses in disputes between New Jersey landlords and tenants.  If this bill is adopted, courts are to imply that a parallel covenant exists:  Continue reading →