Since 2002, the Law Office of Michael D. Mirne, L.L.C. has filed several thousand eviction complaints in 13 different counties throughout New Jersey. Each week, a few landlords ask us whether they need to be present on the day of Court. While the question may sound simple, the answer is…
We recently learned of the case of an Essex County man who has repeatedly delayed evictions through various techniques. The most common technique involved the practice of causing substantial damages to his rented dwelling, and then reporting the damages to code enforcement, under the misrepresentation that the damages were either…
Anyone who has been to Landlord Tenant Court during the last ten years has heard the pre-calendar instructions, and by now, may even have those instructions memorized. Each time, when the Judge gets to the part that states “a Landlord may not lock out a tenant by himself or herself,”…
In recent months, Tenancy Courts have begun seeing an increasing number of eviction actions based upon the claim of “Habitual Late Payment of Rent.” While the Statute addressing this issue, N.J.S.A. 2A:18-61.1(j), was clear in its intent, recent case law has added to the requirements originally contemplated by the Statute.…
New Jersey’s Landlord Tenant rules are overdue for a major overhaul. Many of the laws concerning landlord tenant relationships have evolved over the course of several hundred years. The resulting tenancy law has been a compilation of a myriad of Statutes, Court Rules and Administrative Codes, many of which are…
In the wake of the recent epidemic of beg bug outbreaks in both residential and commercial properties, an increasing number of lawsuits have followed. In this week’s article, we will examine some of the legal issues that may arise during a bed bug suit. Tenants seeking to bring an action…
New Jersey tenants who can prove that their residences are not habitable may be able to terminate their leases without consequence under a procedure known as a “constructive eviction.” In this week’s article, we will discuss some of the practical considerations for tenants choosing to elect this remedy. In a…
Following the eviction of a tenant, landlords often ask what should be done with the tenant’s belongings. In this week’s article, we will discuss the law regarding Abandoned property. Notice New Jersey’s Abandoned Property Act sets forth guidelines for landlords and tenants in handling the issue of Abandoned Belongings. Under…
As the expenses associated with property ownership continue to escalate, many landlords have begun to pass their expenses onto their tenants through the use of rent increases. Since tenants very often cannot afford to pay the requested increases, New Jersey tenancy Courts are trying an alarming number of contested rent…
In 2004, the New Jersey Legislature revised the Rent Security Deposit Act. Under the revised Act, there are three major components, which are very often misinterpreted by inexperienced landlords, tenants and their attorneys. In this week’s article we will discuss and explain those provisions. Initial Notification The first component to…