Articles Tagged with Dismissal

New Jersey landlord-tenant actions (a/k/a “summary dispossession actions”) are designed to be quick, efficient methods of disposing of landlord-tenant disputes. The efficiency of a landlord-tenant case lies in the prohibition of responsive pleadings and the “No Discovery” rule. NJ Court Rule 6:4-3 provides that interrogatories and other discovery methods are applicable in all actions except “summary landlord and tenant actions for recovery of the premises.” The “No Discovery” rule poses a problem for landlords alleging wrongful conduct (for example, damage to the apartment or violation of lease rules) by the tenant. How does a landlord prove wrongful conduct? How does a tenant defend against an allegation of wrongful conduct?
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At the end of a lease term, New Jersey tenants have rights beyond their right to reasonable changes in a proposed lease. Tenants have a right to two separate notices before a landlord can file an eviction action. A landlord’s failure to strictly observe both the content and timing of the notice requirements will result in the dismissal of the eviction action. Before evicting a tenant for refusing lease changes, the content and timing requirements must be strictly observed.
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For a variety of reasons, New Jersey landlords prefer to have their buildings owned and rented collected by a separate business entity. These entities can be corporations, limited liability companies or limited liability partnerships. While the tax and liability treatments of these entities may be ideal, there is a subtle complication when forced to appear in court.
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