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Articles Tagged with Tenancy

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Oral residential tenancies in New Jersey are an invitation to chaos. A prior post explained the basic terms of an oral tenancy. Those terms are the amount of the rent and the size of the space. Equally important is the identity of the tenant and the landlord’s right to know who occupies its property. Often, a landlord will purchase a multi-family building and find unauthorized occupants in apartments presumably rented to a named tenant. Without a written lease defining the tenants, the question is: Who is the tenant in the apartment and what rights (if any) do they have?
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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?
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