The rights of residential tenants are legally protected in the State of New Jersey. There is a law called the Fair Cause for Eviction Act. N.J.S.A. 2A:18-61.1 et. seq. also known as the Anti-Eviction Act. that protects tenants from being evicted without cause. Almost all tenants are covered by the Anti-Eviction Act. However, the law does not apply to tenants residing in buildings with three or fewer apartments where the owner lives in one of the apartments. This is known as the "owner-occupied" exception. Tenants subject to the owner-occupied exception may be evicted at the end of the lease term for any reason (within limits). Genrally speaking, that means that if you are a month-to-month tenant living in a building with three or fewer apartments and your landlord lives in one of those apartments, the landlord needs only to give you a month's notice to quit before taking you to court. Over the years we have handled hundreds of different landlord/tenant matters and our experience will allow you, whether a landlord or tenant to get the most protection under the law. The relationship between a landlord and residential tenant is governed by many different laws and even though both parties may sign and agree to certain terms on a lease, they are still subject to being overridden by the Court if the Court finds the terms of the lease against public policy or the statutory laws governing the Landlord / Tenant relationship. A Landlord who leases an apartment without a properly drafted written Lease is usually making a big mistake. The duties and obligations of the parties can be determined by the laws governing tenancies, but why not spell them out specifically to avoid future complications and disagreements. In our practice we have represented both landlords and tenants. It is because we have an understanding of both parties and the law that we can often settle any issue between parties. However, we also have appeared in court to enforce the rights of our clients and do not hesitate to litigate a dispute if it is obvious that the other side will not compromise their position.
A good part of our Landlord Tenant practice involves negotiating leases for business and litigating disputes between Landlord and commercial tenants such as retail stores, office space, and display spaces. We represent both landlord and tenants and understand the issues and tricky bits of both sides. Since commercial leases do not have the same inherent protection of the tenant as with residential tenancies, it is of utmost importance that a lease for a business be reviewed by your attorney. In today's rental climate a person that wishes to sell a business that operates out of a leased space, will often sell the business to someone that wants to start a totally different business. In these cases which, are very common, the only thing a business has to sell that is of any value is the balance of the Lease. Since commercial lease can vary greatly, it is your duty if starting a business to carefully review your lease with an attorney and closely examine the terms of the lease. The devil is in the detail, for example a lease that calls for a late payment charge is only allowed in tenancy court if there are words that state that the late charges are considered rent. If no words exist than the Landlord cannot collect these charges. Another example is that the consent to assignment clause must have the words "which consent shall not be unreasonably withheld" if the lease does not contain these words it could give a landlord an opportunity to prevent the sale from going forward and hold the tenant up for a percentage of the sale price.
We have extensive experience counseling our clients on a wide range of landlord, tenant, and leasing issues, including, but not limited to:
- Nonpayment of rent - Landlord harassment - Commercial leases - Residential leases - Eviction of tenants - Dealing with breaches of a lease by a tenant - The illegal use of property by a tenant
It is our firm's mission to build and maintain many successful and mutually satisfying individual and business relationships. At the law office of Frederic C. Goetz, Esq., LLC, we will continuously strive to achieve this goal by offering personalized and individualized service, and by making every effort to exceed clients' expectations. It is our goal to provide our clients with superior services at reasonable rates.
FREDERIC C. GOETZ, ESQ., LLC 167 Main Street Hackensack, New Jersey 07601
(201) 313-4500 Facsimile: (201) 313-4501
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.