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Landlord-Tenant

Union City Rent Control Ordinance and Practices Deemed Unconstitutional

2023-09-20T13:09:31+00:00

Most sophisticated local real estate investors will tell you that Union City is a difficult place to own property. One of the reasons for this is the seemingly arbitrary way that it administers its rent control ordinance, often giving landlords little or no notice before making major and unsupported financial determinations that effect the value of, and sometimes even the ability to pay the mortgage on, an investment property. It sometimes doesn't follow the rules set forth in its own ordinances, and even when it does, those rules have now been deemed at least in part unconstitutional by a local Superior [...]

Union City Rent Control Ordinance and Practices Deemed Unconstitutional2023-09-20T13:09:31+00:00

Yet another change in landlord-tenant court procedures and requirements, but finally it’s an improvement.

2023-07-21T19:51:14+00:00

Since covid the courts in New Jersey have repeatedly changed their policies and procedures for landlord tenant court. They have always made it more complicated and difficult for landlords, who already face extensive delays in removing non-paying tenants from their property. It should be noted that none of these policies or procedures ever allowed a landlord with non-paying tenant to avoid paying their mortgage - taxes - insurance - water or sewer bills, or any of the other costs associated with owning a property. It is arguable that the hard-working middle class owner of a 2-family house, who relies on the [...]

Yet another change in landlord-tenant court procedures and requirements, but finally it’s an improvement.2023-07-21T19:51:14+00:00

Which eviction records are public and which are not?

2023-04-28T02:30:13+00:00

With evictions still taking an unreasonably long time from filing to getting to trial, landlords have no choice but to be extra careful who they rent to. After all whether the courts move quickly or not, whether their tenants pay them or not, landlords still have to pay their taxes, mortgage, water/sewer and other costs on time every month. A single non-paying tenant can put a landlord in debt or worse by the time the courts finally process the eviction. A credit check, proof of employment and that it is a long term position, and other background research is critical in [...]

Which eviction records are public and which are not?2023-04-28T02:30:13+00:00

Residential Evictions – may not start until January 1, 2021 or 90 days after that!

2022-12-16T16:32:17+00:00

Mayor "Jimmy" Davis of Bayonne On January 4, 2021 Governor Murphy revoked the public health state of emergency in New Jersey. At the same time, he signed legislation which allowed him to extend executive order 106 (the eviction moratorium) through January 1, 2021. This legislation allows him to further extend the eviction moratorium another 90 days AFTER January 1, 2021, if the legislature approves. The State Judiciary is not constrained by these orders from scheduling trials for evictions, if not the lockout itself. But they have instead not done ANYTHING since March of 2020, so there is a [...]

Residential Evictions – may not start until January 1, 2021 or 90 days after that!2022-12-16T16:32:17+00:00

Commercial Evictions Are Back!

2022-09-21T22:30:54+00:00

As you may know, Covid executive order 106 did not stop commercial evictions. But the NJ Supreme Court decided not to schedule commercial evictions for trial since the order was signed anyway. Finally, they have allowed commercial evictions to move forward again. A copy of the order is attached. This is great news for any landlord with a commercial property, as these are the ones who got hit hardest by the pandemic, and they will finally get some relief! There will be a backlog, but nowhere near as much as the backlog for residential cases.Hopefully residential evictions will start again by [...]

Commercial Evictions Are Back!2022-09-21T22:30:54+00:00

The limited ways to evict a tenant in New Jersey during Covid

2022-09-21T22:30:54+00:00

It has now been more than a year since Governor Murphy signed an executive order stopping evictions in New Jersey​, until two months after the expiration of the covid state of emergency. This order did not mandate that landlord-tenant trials stop, just the lockouts. Nevertheless the Judiciary of New Jersey, in its infinite wisdom, has stopped holding ANY trials in landlord-tenant court. Other courts have held trials over zoom, or even telephone, but not landlord-tenant. So as landlords continue to file complaints, they are given a docket number, and the cases just sit while judiciary landlord-tenant staff do... what? Fortunately, the [...]

The limited ways to evict a tenant in New Jersey during Covid2022-09-21T22:30:54+00:00

What to do if your tenants stop paying the rent during COVID?

2022-09-21T22:30:54+00:00

As you must know by now, Governor Murphy signed an order stopping evictions for the foreseeable future, with few exceptions. There was no requirement that the tenant be facing a covid-related financial crisis. There was no relief for landlords, who still have to pay their taxes, mortgage, insurance and other costs even if their tenants don't pay them. In my view this was an unconstitutional taking, of massive proportions, with no subtlety or thoughtfulness. It was taking a sledgehammer to a situation that needed a scalpel. Tenants win, anyone who owns rental property loses, plain and simple. So if you are [...]

What to do if your tenants stop paying the rent during COVID?2022-09-21T22:30:54+00:00

Governor Murphy stops lock-outs for months due to covid-19: what can (or should) a landlord do if their tenant stops paying rent?

2022-09-21T22:30:54+00:00

Executive Order 106 stopped all lock-outs in New Jersey eviction actions, except arguably in cases of threats or severe damage by tenants. This means that judgments of possession for non-pays, hold-overs and other non-urgent cases (perhaps 99% of all cases filed) will not be enforced until 2 months after the end of the state of emergency. Unless Governor Murphy waives this and allows lock-outs earlier (not likely in this writer's opinion).The Order does NOT stop eviction proceedings, it only stops the lock-outs that follow such proceedings. However the Courts are also in a wait and see mode right now. All court [...]

Governor Murphy stops lock-outs for months due to covid-19: what can (or should) a landlord do if their tenant stops paying rent?2022-09-21T22:30:54+00:00

Union City Quietly Amends Rent Control Ordinance to Include 3 Family Houses

2022-09-21T22:31:10+00:00

But don't look online, as of this writing their online ordinances are still not updated! When I first heard about this I searched on NJ.com and even the City Website, I couldn't find any information on this. Still can't as of the time of this writing. So if you are not a local, "in the know", you could easily enter into a contract to buy a building that you did not know was now rent controlled. In fact this very nearly happened to a client of mine! His offer price to purchase a house was based on the rent he thought [...]

Union City Quietly Amends Rent Control Ordinance to Include 3 Family Houses2022-09-21T22:31:10+00:00

Landlord-Tenant Issues in Purchasing a Foreclosure or Sheriff-Sale Property

2022-09-21T22:31:10+00:00

It is extremely common for the purchaser of a sheriff-sale property to acquire the property subject to the prior tenancies in the building. This can be a very challenging situation for the new landlord. He or she never has copies of the leases, if any, nor will he or she know the names of any of the tenants. Sometimes the previous owner of the building continues to attempt to collect the rent even though the property is no longer his.The law in New Jersey is clear that leasehold tenancies run with the the land. When you purchase any property it is [...]

Landlord-Tenant Issues in Purchasing a Foreclosure or Sheriff-Sale Property2022-09-21T22:31:10+00:00
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