ATTORNEY ADVERTISING

Articles Tagged with “Lease Changes”

Published on:

Many form leases (from sites like LegalZoom or RocketLawyer) contain stock terms designed to apply to most landlord-tenant relationships. Unfortunately, New Jersey landlord-tenant law and the facts of a commercial landlord-tenant relationship rarely lend themselves to “canned” contract terms. One overly (and rarely correctly) used contract term requires the tenant to comply with “all laws.” The sentence: “The tenant shall comply with all laws” begs the question: When has the tenant failed to comply with all laws? In a recent case, the Firm successfully defended a commercial tenant from a landlord’s aggressive interpretation of the “comply with all laws” requirement.
Continue reading →

Published on:

New Jersey residential tenancies exist in two forms. Those with a written lease and those without. Written leases are more desirable for the simple (and obvious reason) that the terms of the tenancy are defined. Oral tenancies generally lack defined terms (unless implied from conduct). This vagueness is problematic. Whether a landlord purchases a building with an existing oral tenancy or creates one, the problems remain the same. The central question is: How does one define the terms of an oral tenancy?
Continue reading →

Published on:

A NJ commercial landlord-tenant relationship can be challenging to manage. A commercial landlord must balance the benefit of having a rent paying tenant in a space that can be difficult to rent with the realities of the tenant’s behavior. In 2014, the Firm confronted this scenario: Pursue an eviction matter far enough to convince a commercial tenant to change his behavior while preserving the landlord-tenant relationship and rent payments to the Landlord.
Continue reading →

Published on:

The Jersey City Rent Control Ordinance requires landlords to provide new tenants with specific information. At the start of each new tenancy a landlord must provide a tenant with a “rental statement” that informs of the tenant of “rent of the prior tenant and notification of the existence of the rent registration law.” The point is pretty simple: If a new tenant finds out her rent is three times what the old tenant paid, she’s more likely to question the legality of the rent. An interesting question presented itself a few weeks ago: What if the owner was the “prior tenant?” What notice is a tenant occupying an apartment after the owner entitled to?
Continue reading →

Published on:

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.
Continue reading →

Published on:

Many New Jersey residential tenants enter into written leases with their landlords. At the end of a lease, a tenant may wish to stay in the apartment. At this point, a landlord can present a new lease that typically includes different terms. These different terms can be an increase in rent, a change of the due date, change of the grace period or a change in the living terms (for example, a pet policy). If the tenant refuses the new lease changes, a landlord may seek an eviction under Section “i” of the N.J Anti-Eviction Act, N.J.S.A. 2A:18-61.1i.
Continue reading →