In last month’s blog, our office presented Part One of our discussion on our recommendations to an arbitration board with regard a commercial landlord tenant matter, in which the tenant withheld rent in due to alleged habitability defects. In this month’s blog, we continue our discussion of our analysis of…
Our firm was recently retained to provide an amicus brief to an Arbitration Board, for purposes of helping the arbitrator to resolve a commercial landlord tenant dispute, in which the Tenant had stopped paying rent, ostensibly due to habitability defects, affecting both the leased premises and the common area. The…
Our office has previously reported on the subject of removing property that had been abandoned by a tenant. The general procedure, in those instances, requires a landlord to not only obtain a judgment for possession against the tenant, but to also provide the tenant with 30 days advance notice of…
Nearly 200,000 landlord tenant disputes are filed each year in New Jersey Landlord Tenant Courts. The majority of Landlord Tenant matters are filed by attorneys on behalf of landlords. Some landlords would rather not appear at Court for a trial, and they will request that their attorneys enter into settlement…
In our two most recent articles, we discussed two ways in which tenants can delay or stop an eviction from taking place. We discussed applications to set aside verdicts due to fraud or other good cause. We also discussed applications for Hardship Stays, to allow the tenant additional time to…
In last month’s article, we discussed applications filed by tenants to have Judgments for Possession set aside. This month, we will discuss one other type of post-judgment applications that tenants may make in order to delay their lockouts. Specifically, in this article, we will discuss Hardship Stays. On the day…
For the past 15 years, our office has been reporting on issues regarding New Jersey Landlord Tenant law. In today’s article, we will discuss the application for an Order to set aside the Judgment for Possession based on fraud or other good cause, pursuant to New Jersey Court Rule 4:50-1.…
Most American businesses keep track of their charges and receivables using a “first in, first out” method. The central principle of this method, referred to as “FIFO,” is to apply customers’ payments toward their earliest balances first, and then toward their later balances. New Jersey landlords had also accepted the…
Several months ago, we discussed the Abandoned Property Act. Under N.J.S.A. 2A:18-72, et. seq., a landlord cannot dispose of a tenant’s property until the following two conditions occur: The Landlord must have regained possession from the tenant, either by way of eviction action, or by way of other conclusive proof…
For the last 12 years, our firm has been writing articles about the eviction process. We have discussed pre-suit notices, habitability hearings, security deposit defenses, and a variety of other topics, focused on the eviction process. However, we have never provided any articles regarding Warrants of Removal. The Warrant of…