It is critical for landlords to identify within their residential leases all persons who are permitted to occupy the premises. Otherwise, the tenant could create an overcrowding situation for which the landlord could be liable. Or the landlord may have to deal with an unauthorized tenant. For this reason, also, it is crucial for a buyer …
The New Jersey Prompt Payment Act requires that an owner pay its contractor within 30 days of full performance of the construction contract and approval of the billing. Similarly, a subcontractor must be paid by the general contractor for work completed and approved by the owner or the general contractor within 10 calendar days of …
It has been a tough couple of years for New Jersey landlords due to COVID related rules and restrictions imposed by the government. The scheme permitted working tenants to remain in their apartments without paying rent for 18 months, and then prevented their landlords from evicting them for non-payment of rent. At the same time, …
As you know from a prior post on this blog (https://www.whelan-law.com/residential-evictions-covid-19-style/), there is a moratorium on residential eviction trials in New Jersey. Landlords have filed their cases and are patiently waiting for their day in court. However, the Supreme Court on July 1 ordered mandatory settlement conferences on residential eviction cases. These conferences will occur …
Due to the pandemic, the New Jersey Supreme Court imposed a moratorium on all eviction trials beginning in March 2020 and continuing to the present. This did not prevent landlords for filing eviction complaints and waiting for trial once the moratorium was lifted. Also, the Court did create a narrow exception to permit cases involving a tenant’s …
In a recent blog, I discussed the state of residential evictions in New Jersey. Particularly I noted that while eviction trials were not being scheduled, the Supreme Court had issued an Order allowing landlords in “emergent circumstances” to apply for an Order to Show Cause for eviction. We further noted that we had successfully navigated …
As a result of the pandemic, the New Jersey courts ceased scheduling eviction trials in March 2020. There is no advice as to when that will be resumed. In the meantime, landlords are obligated to pay their mortgage, taxes, and other operating expenses while tenants withhold their rent. It is cold comfort that a landlord …
After a civil defendant is served with the complaint, he can either file an answer or file a motion to dismiss. The motion to dismiss is useful because if it is granted, then the case is over for the dismissed defendants at a very early stage. Also, it forces the plaintiff to come forward with …
A client’s home was foreclosed by his mortgage lender and sold at a sheriffs sale. He had ten days after the sale to redeem the property by paying the lender. On the tenth day, he contacted me and indicated that he would be able to redeem in a couple of weeks. We filed bankruptcy for …
In case you were wondering, the New Jersey courts are open. However, there are severe limitations on attorneys and clients actually going to courthouses. For several years, most cases are being electronically filed with the courts. Two significant classes of cases were excluded however: landlord/tenant eviction cases, and Chancery cases. The court system always planned …
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.
