Category Archives: Landlord-Tenant Law

What is the Next Step for a Landlord after Obtaining a Judgment for Possession?

As a conscientious and understanding landlord you gave your tenant every last chance that was possible. You tried to work with them informally and then you sent formal letters or notices detailing their noncompliant acts and asking them to stop. Without any other option and even though it gave you no pleasure to do so, you filed a lawsuit against the tenant to regain possession of your premises. Then, even in the courthouse on your day of trial you were more than willing to meet with a mediator and attempt to bridge the gap and work things out. But, the tenant wanted to play hardball and, hence, the landlord-tenant matter proceeded to trial.

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What should a landlord expect on trial day?

A landlord will often undertake extensive measures to resolve a conflict or other problems a tenant may be experiencing or creating to avoid the time and cost of legal action. However in some instances, legal action against a tenant is the only option and the courts will be an essential element in enforcing the landlord’s rights. However, many landlords are hesitant to take on legal action because they have heard horror stories about the legal or process or they believe that the legal process will not protect their rights. It is true that landlords can place themselves in difficult situations if they file lawsuits without understanding the legal process, but these situations were created by the landlord’s lack of legal knowledge and guidance. Landlords who play by the rules and who can provide sufficient evidence to prove their claims will typically find relief from the courts and an important asset for their business.

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How Should a Landlord Prepare for Trial against a Current or Former Tenant?

If you are a landlord, you understand the difficulties and hassles that having tenants can entail. And yet, without tenants your business would be unable to continue. But despite the necessity of tenants, certain individuals can cause damage to the property, engage in unlawful or dangerous activities on the premises, fail to pay their rent in a timely manner, or engage in other behaviors that can significantly affect others living or working in your building.  While a landlord will try to work things out with the problem tenant, in some cases the tenant simply will not cease the unwanted behavior. In situations like these, the landlord may be left with no option but to bring legal action to evict the tenant or to recover damages for the property or other damages incurred.

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The Basics of Being a Landlord

You have decided you want to create a new revenue source for yourself. You read the paper every day and see all of these properties for sale and decide that you will purchase one and rent it out. The goal is that over time to buy more houses to rent. Whether you own a single-family house or a large apartment complex, you still want a profitable business and avoid costly legal mistakes. Here is a brief overview of what every landlord needs to know about being a landlordContinue reading

What to do with an Evicted Tenant’s Abandoned Property in New Jersey

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

The Post Eviction Process: What to do with Your Tenant’s Abandoned Property – Part 1

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

Rights of the Tenant: The Constructive Eviction Defense

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

Rights of the Tenant: The Habitability Defense

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

Rental or Lease Agreements: What to Include

The following is an article intended to educate readers about key terms to expect or include in a typical lease agreement.

The Jayson Law Group LLC does not want to see you running into endless problems because of an incomplete lease agreement. In order to help you avoid disputes, we have provided this article listing some of the key provisions that every lease agreement should include:

Names and addresses of tenants and landlord

Know who you are renting to and let them know how to contact you. The tenant may be referred to as the “lessee,” the landlord as the “lessor,” and both can be called “parties” to the agreement. If a property manager or company legally operates on the landlord’s behalf, their name and address should also appear on the agreement. Landlords should also expect the names of all tenants living in the rental unit over the age of 18. Rules on guest stays should also be outlined within a rental agreement.  Continue reading

New Jersey Legislature Trying to Make Landlord Responsible for Tenant’s Legal Expenses

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