Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part two discusses options that Landlords may have when the deal goes bad
These slides describe the law applicable to sale of immovable property and the steps that should be followed in such a transaction. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the law applicable to sale of immovable property and the steps that should be followed in such a transaction. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Difference between lease and license: Everything you need to knowMyAdvo.in
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
The main provisions of the Prevention Frauds Ordinance. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Eviction is the removal of a tenant from rental property by the landlord.
Landlords can't evict tenants without terminating the tenancy first. This usually means giving tenant adequate written notice, in a specified way and form. If the tenant doesn't move after proper notice, the landlord can file a lawsuit to evict a tenant. (This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.) In order to win, the landlord must prove that tenant did something wrong that justifies ending the tenancy.
These slides describe who can enter contracts and limitations to such rights to contract. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the main provisions of the Registration of Documents Ordinance of Sri Lanka and what should be observed by Notaries when submitting Deeds and Notices for registration. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
These slides describe the law relating to the payment of stamp duty and when such payment should be made in respect of various instruments. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
PRESENTATION USED FOR PGPSE PARTICIPANTS OF AFTERSCHOOOL. JOIN AFTERSCHOOOL - IT IS THE BEST WAY TO BECOME AN ENTREPRENEUR AND WORK FOR SOCIAL DEVELOPMENT
Difference between lease and license: Everything you need to knowMyAdvo.in
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
The main provisions of the Prevention Frauds Ordinance. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Eviction is the removal of a tenant from rental property by the landlord.
Landlords can't evict tenants without terminating the tenancy first. This usually means giving tenant adequate written notice, in a specified way and form. If the tenant doesn't move after proper notice, the landlord can file a lawsuit to evict a tenant. (This type of lawsuit is sometimes called an unlawful detainer, or UD lawsuit.) In order to win, the landlord must prove that tenant did something wrong that justifies ending the tenancy.
These slides describe who can enter contracts and limitations to such rights to contract. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the main provisions of the Registration of Documents Ordinance of Sri Lanka and what should be observed by Notaries when submitting Deeds and Notices for registration. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
These slides describe the law relating to the payment of stamp duty and when such payment should be made in respect of various instruments. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
PRESENTATION USED FOR PGPSE PARTICIPANTS OF AFTERSCHOOOL. JOIN AFTERSCHOOOL - IT IS THE BEST WAY TO BECOME AN ENTREPRENEUR AND WORK FOR SOCIAL DEVELOPMENT
Some Policy Guidelines For Evicting Tenants That Landlords Must Adhere To In ...EZEviction
Evictions are difficult for both the landlord and the renter. You run the risk of losing your case against the renter if you don't strictly adhere to the regulations and state legislation.
In this time of modernisation, where the life of city, with accessibility of easy facilities and opportunities, appears to attract the youth of the society. The reason behind attractions is to achieve their dreams and to be independent. Numerous individuals go out and move to another city just to win an occupation, since they are out of their home town they have to stay in Hostels, PG's or leased house.
Guide to Understanding the Notice to Quit in ConnecticutezLandlordForms
Unlock the key to successfully navigating the Notice to Quit in Connecticut with this comprehensive guide. Whether you're a tenant or landlord, knowing your rights and responsibilities is essential. Click to learn more at https://articles.ezlandlordforms.com/state-landlord-tenant-law/connecticut-landlord-tenant-law-and-regulations/
Landlord and Tenant LawIn this lecture, we will continue our dis.docxsmile790243
Landlord and Tenant Law
In this lecture, we will continue our discussion of property law with an analysis of landlord and tenant law.
We begin with a discussion of the types of tenancies. A fixed-term tenancy or tenancy for years lasts for a specific period of time (e.g., a year, a month, a week). This length of time is set by express contract and ends automatically without notice. A periodic tenancy (also created by a lease) does not have a specific end date though rent is due at regular intervals. These tenancies last until terminated and notice is required to end the lease. Tenancy at will is similar, but does not require notice to terminate the leasehold interest. Finally, tenancy at sufferance is possession of land without a right. These are created when a tenant remains in possession of land without consent after the termination of another tenancy.
Ordinarily, these tenancies are created by the lease. Leases may be written or oral though leases that last longer than a year must be in writing to be valid under the Statute of Frauds. These leases are essentially contracts, and normal contract principles will apply. Therefore, landlords must be careful to avoid unconscionability issues where a judge may declare the lease to be invalid when one party as a result of disproportionate bargaining power is forced to accept a deal that unfairly benefits one party. In addition, federal law prohibits property owners from discriminating against potential and actual tenant based on race, religion, national origin or sex.
Importantly, the landlord/tenant relationship creates various rights and duties between landlords and tenants.
Firstly, the landlord is required to give the tenant possession of the land for the lease term. The tenant has the right to retain possession until the lease expires. As in with warranty deeds, the covenant of quiet enjoyment is of critical importance. Additionally, this duty on behalf of the landlord can be breached when the landlord evicts the tenant without cause (an eviction occurs when a landlord deprives a tenant of possession before the end of the stated term). Eviction need not be physical. A constructive eviction is said to occur when the landlord wrongfully performs or fails to perform any of the undertakings the lease requires, thereby making the tenant’s further use of and enjoyment of the property difficult or impossible. For example if the landlord is responsible for repairs, it may be a constructive eviction to fail to repair the heating system in the dead of winter.
The next rights and duties to discuss concern the use and maintenance of the leased property. The tenant may use the property in a reasonable manner that reasonably relates to the ordinary use of the property. However, the tenant is responsible for damages, excluding ordinary wear and tear. The landlord must comply with local building codes. This also plays into the implied warranty of habitability. This warranty requires th ...
Landlord Tenant Law: Eviction and the Judicial Processeglzfan
This is an article I wrote for a Continuing Legal Education seminar (i.e., lawyers teaching lawyers) on the Georgia dispossessory process, including trial and mediation of landlord-tenant cases.
Landlord Tenants: Leases: An Ounce Of PreventionEinhorn Harris
Jason R. Rittie, Esq. of Denville, NJ law firm Einhorn Harris Ascher Barbarito & Frost, P.C. presented a seminar on Landlord/Tenant Law for CLE credits. Part one discusses Leases.
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Looking to rent out or lease your property to earn stable monthly income in India? Before one rent out or lease his/her property to prospective tenant, make sure to go through the following document about ‘Precautions before renting out’ and ‘landlord's rights’
PRIVATE ENCUMBRANCES Private encumbrances are voluntarily create.docxsleeperharwell
PRIVATE ENCUMBRANCES
Private encumbrances are voluntarily created by private parties who deal with the real property and consist of judgment liens, mechanic’s and materialmen’s liens, mortgages and trust deeds, easements, and restrictive covenants. Judgment Liens A lien is created when the property owner has been sued for a sum of money and a court has entered a judgment against the property owner. For example, a property owner is involved in an automobile accident. The property owner is sued for negligence and a $50,000 judgment is assessed against him by a court of law.
Judgment liens do not become liens on real property until they have been recorded in a special book, called the Judgment Book or General Execution Docket, in the county where the real property is located.
A judgment lien remains a lien on real property until it has been paid or expires by passage of time. Most states have laws that limit the duration of a judgment lien. These laws provide that a judgment lien, if not paid, will expire within 7 to 14 years after becoming a lien on real property. Judgments attach at the time of recordation to all property then owned by the judgment debtor or to any property thereafter acquired by the judgment debtor. Judgments are potential title problems and can be discovered during a title examination.
Mechanic’s and Materialmen’s Liens
A mechanic’s or materialmen’s lien is imposed by law on real property to secure payment for work performed or materials furnished for the construction, repair, or alteration of improvements on the real property. Each state has its own laws for the creation of these liens.
Claimants under most mechanic’s or materialmen’s lien statutes include contractors, laborers, subcontractors, material suppliers, lessors of equipment and machinery, architects, professional engineers, and land surveyors. Most privately owned real property may be subjected to mechanic’s or materialmen’s liens. The lien attaches to all real property, including improvements, and all real property contiguous to the improved real property. Public real property is not subject to mechanic’s or materialmen’s liens.
Special Mechanic’s and Materialmen’s Lien Situations Sometimes special situations exist that prompt the creation of mechanic’s and materialmen’s liens.
Landlord and Tenant. Work performed for a tenant of real property only attaches to the tenant’s interest in the real property, and not the landlord’s, unless the landlord of the real property consents to the work and agrees to pay for the work.
Contract Seller and Purchaser. Work performed for a purchaser of real property before a purchase and sale contract closes only attaches to the purchaser’s interest unless the seller has consented to the work.
Husband and Wife. One spouse is ordinarily not an agent for the other spouse. Work performed at the request of one spouse is not a lien on the other spouse’s real property interest unless the other spouse has consented or agreed to pay.
Okay our tenant is gone, what do we do with the leftover stuff?Berry Law Offices
This slideshare presentation outlines the process and requirements as how to dispose of or sell personal property left by a tenant after the tenant abandons a leased premises.
Similar to Landlord Tenants: Landlord's Options When the Deal Goes Bad (20)
Elegant Evergreen Homes - Luxury Apartments Redefining Comfort in Yelahanka, ...JagadishKR1
Experience unmatched luxury at Elegant Evergreen Homes, offering exquisite 2, 3, and 4 BHK apartments in the serene locality of Yelahanka, Bangalore. These meticulously crafted homes blend modern design with timeless elegance, providing a harmonious living environment. Enjoy top-tier amenities and a prime location, making Elegant Evergreen Homes the ideal choice for discerning homeowners.
Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szet...Volition Properties
=== Investing In The US As A Canadian… And How To Do It RIGHT!! (feat. Erwin Szeto) ===
Ever been curious about Real Estate Investing in the US?? At Volition, for the past 14 years, we have been focused on helping investors invest in over $250M of real estate and generate $100M of wealth in the Toronto market, but we are always open to learning more about other business models and learning from other investors.
The US has always been an intriguing market to invest in. But the US is a big place… if you’re interested in investing in the US, you probably have a lot of questions, like:
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Enter Erwin Szeto, a longtime friend of Volition. Since 2005, Erwin Szeto and his team have navigated the challenging landscape of being landlords in Ontario. Now, they are shifting their focus and guiding their clients' investments toward the more landlord-friendly environment of the USA. This decision comes after assisting Canadian clients in transacting over $440,000,000 in income properties. Faced with issues like affordability constraints, tenant-friendly laws, rent control, and rental licensing in Canada, Erwin sees a clear opportunity in the U.S. Here, there is a significant influx of investments leading to the creation of high-paying manufacturing jobs. Erwin and his clients are poised to capitalize on these opportunities where landlord rights are stronger and there is no rent control.
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Lixin Azarmehr, a Los Angeles-based real estate development trailblazer, co-founded JL Real Estate Development (JL RED) in 2015 and serves as its CEO. Her expertise has propelled the firm to specialize in luxury residential and mixed-use commercial projects, with a portfolio that features upscale retail spaces and sophisticated care facilities.
Dynamics 365 Bid Management for Construction ProjectsDynamic Netsoft
This PDF provides a straightforward guide to using Dynamics 365 for efficient bid management in construction projects. Learn how to streamline processes, improve accuracy, and enhance productivity with practical tips and step-by-step instructions.
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Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus o...Joseph Lewis Aguirre
Presentation to Windust Meadows HOA Board of Directors June 4, 2024: Focus on Public Safety as Job #1, Engagement, Wealth of HOA, Branding, Communication, Culture, Civic Responsibility
The SVN® organization shares a portion of their new weekly listings via their SVN Live® Weekly Property Broadcast. Visit https://svn.com/svn-live/ if you would like to attend our weekly call, which we open up to the brokerage community.
Rams Garden Bahcelievler - Istanbul - ListingTurkeyListing Turkey
Implemented by Rams Global in Bahcelievler, the Rams Garden Bahcelievler Apartments includes 796 residences of different types from 2+1 to 5+1.
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Landlord Tenants: Landlord's Options When the Deal Goes Bad
1. Jason R. Rittie, Esq.
Einhorn, Harris, Ascher, Barbarito & Frost PC
165 East Main Street
Denville, New Jersey 07834
(973) 627-7300
Jrittie@einhornharris.com
2. Breach of Contract and Causes For
Eviction
◦ Non-Payment of Rent
◦ Conviction or Guilty Plea of Drug Offenses, Assault,
or Terrorist Threats, or Theft
◦ Disorderly Conduct
◦ Destruction, Damage, or Injury to Premises
◦ Habitual Late Payment
◦ Continuous Substantial Breach of Covenants or
Agreements
3. Written Lease Terms Control
◦ Notice and Cure Periods
◦ Grace Periods
◦ Non-Payment of Rent requires no notice under
Anti-Eviction Act
◦ Late Charges
◦ In-sufficient Funds/Returned Check Fees
◦ Collection Costs (filing fees and attorneys’ fees)
4. Eviction from Premises – Special Civil Part –
Landlord/Tenant Court
◦ Judgment for Possession
◦ Warrant for Removal
Breach of Contract Suit – Law Division or
Special Civil Part depending on size of claim
Duty to Mitigate Damages
5. A "ground lease" is a long-term lease of land on which the
Tenant plans to construct substantial income-producing
improvements. Ground leases are of extremely long
duration.
A disadvantage of a ground lease for the Tenant is that the
Tenant’s default or breach of the terms, covenants, and
conditions of the lease may subject the Tenant to eviction
and the complete forfeiture of the leasehold estate.
Although this possibility is common to all leases, the
consequences under a ground lease are likely to be more
acute because of the Tenant’s large investment in the
improvements constructed on the land.
6. “Abandonment” occurs when the tenant
leaves the premises vacant with the avowed
intention not to be bound by the lease.
“Surrender” is to relinquish the relationship of
landlord and tenant; to end all rights, duties,
and obligations under the lease; and to
terminate the lease prior to the end of the
lease term. Surrender must be mutual.
In New Jersey, surrender of a lease may be
express or implied by law.
7. To constitute surrender by operation of law,
there must be both an abandonment by the
tenant and an acceptance of the
abandonment by the landlord.
Mere receipt of keys by the landlord and an
attempt to re-rent the premises may not
alone, constitute acceptance of the surrender.
Abandonment absent surrender and
acceptance constitutes a breach of the lease.
8. Abandoned Property Law, N.J.S.A. 2A:18-72
through 2A:18-84.
◦ Applicable to both residential and commercial
tenancies.
◦ However, a written non-residential lease may
provide that the provisions of the Statute do not
apply.
◦ Requires written notice to tenant concerning
content, delivery and storage.
9. A warrant for removal must have been executed
and possession of the premises returned to
landlord; or the tenant has given written notice
that he/she is relinquishing possession of the
premises.
Compliance in good faith with the requirements
of the law is a complete defense in any action for
loss or damage of property.
If landlord does not comply with the law, tenant
is relieved of any liability for reimbursement of
landlord’s costs and is entitled to recover up to
twice the actual damages sustained by tenant.
10. All leases, whether written or oral, give the
tenant “exclusive possession” of the
premises.
In a written lease, landlord’s duty not to enter
the premises is called the Covenant of Quiet
Enjoyment.
The Right to Inspect/Enter Premises must be
in the written Lease. Otherwise, a landlord
may not lawfully enter the premises.
11. Lease should also provide landlord with a
copy of all keys and a prohibition on tenant
changing the locks.
New Jersey does allow a landlord to enter into
the premises only in a few special
circumstances.
Without right in written lease or by
permission, entry by landlord is a “trespass”
and if continuous, can constitute
“harassment.”
12. Even if given legal authority to enter the
premises, a landlord may only enter in a
peaceable manner.
Actions for Unlawful Entry or Detainer N.J.S.A.
2A:39-1 through 2A:39-8.
Unlawful Entry and Detainer occurs when a
landlord enters the premises peaceably or
forcibly and then detains the tenant’s
property by force or the threat of force,
without consent or judgment from the Court.
13. Forcible Detainer: occurs if the landlord enters
the premises forcibly or legally, with tenant’s
permission or a court order, and then uses force
to detain the property.
Unlawful Detainer: occurs if a tenant willfully
and without force, holds over at the premises
after written notice demanding delivery of
possession has been given to tenant.
◦ If tenant is found guilty, landlord can recover double
rent for as long as tenant holds over.
◦ Also applies, if tenant gives notice that it will be quitting
the premises, and then holds over. (N.J.S.A. 2A:42-5 and
2A:42-6)
14. An eviction is an actual expulsion of a tenant
out of the premises.
For most residential tenancies, a landlord
must have good cause to evict a tenant.
The Anti-Eviction Act , N.J.S.A. 2A: 18-61.1
was created to protect blameless tenants
from eviction and was adopted in recognition
of the housing shortage in NJ.
15. A summary dispossession action against a
tenant is governed by one of the following
Statutes:
◦ The Summary Dispossess Act (N.J.S.A. 2A:18-53);
or
◦ The Anti-Eviction Act (N.J.S.A. 2A:18-61.1).
◦ The Summary Dispossess Act applies to all other
rental or residential properties (not otherwise
covered by the Anti-Eviction Act), and including
commercial tenancies.
◦ Under both Acts, notice requirements are of utmost
importance, because a Court can dismiss the
action.
16. The law applies to most residential properties
including:
◦ Single-family homes
◦ Mobile homes and land in a mobile home park
◦ Apartment buildings and complexes
◦ Rooming and boarding homes
Does not apply to owner-occupied (landlord/owner
lives there) two- or three-family dwellings
May not apply to hotel guests, motel guests
Does not apply to guest houses rented to transients or
seasonal tenants
17. There are a number of causes for eviction.
Each cause, except for nonpayment of rent,
must be described in detail by the landlord in
a written notice to the tenant.
Depending on the cause, a certain amount of
time must pass after delivery of written notice
before a landlord may begin eviction action.
Landlord-Tenant Section, Special Civil Part
18. The Summary Dispossess Act contemplates
two different notice provisions:
◦ Notice to Quit
3 Months, 1 month or same as term (N.J.S.A.
2A:18-53a.)
3 days (N.J.S.A. 2A:18-53c.)
◦ Demand for Possession
May be served at any time prior to filing the Complaint;
and
Almost always combined with Notice to Quit.
(No notice is required for non-payment of rent, and in
commercial tenancies, there is no Notice to Cease.)
19. A landlord may only legally recover
possession of premises by consent of the
tenants, or through the legal process of
eviction.
Judge enters a Judgment for Possession by
default or after hearing case.
A warrant for removal must be issued and
executed by an officer of the Court to legally
effectuate the eviction.
20. The law does not allow the warrant for
removal to be issued by the Court Clerk until
at least 3 days after the Judge enters a
judgment for possession.
Once the court officer serves tenant with the
warrant for removal, tenant has 3 days to
move out.
If tenant does not move out or tenant does
not contest the warrant and get a stay, the
court officer may evict tenant, remove
belongings and/or lock out tenant.
21. Don’t do it – only an officer of the court can
legally physically evict a tenant after issuance
of warrant for removal.
“Self-help” evictions are not permitted in NJ
under any circumstances (applies to both
residential and commercial tenancies).
A landlord may not padlock, disconnect
utilities or otherwise block entry to a rental
premises.
22. Judgment for Possession
Warrant for Removal
Separate Breach of Contract suit resulting in
award of damages
◦ Lease provisions typically provide landlord with
options, for example:
Landlord can terminate lease and sue tenant for back
rent due and owing
Landlord can re-take possession of premises, and seek
to re-let the premises to a replacement tenant, suing
for any costs and expenses incurred in connection with
re-letting and for any difference in rental amounts
23. Collecting A Money Judgment
◦ Execution on Goods and Chattels (Personal
Property)
◦ Bank Levy
◦ Execution against Wages
◦ Docketed Judgment
◦ Use of Information Subpoena
◦ Court Order for Discovery
24. Protect privacy
If a credit report or another type of consumer
report is used to deny a rental application,
Tenant must be advised, and given the name,
address, and phone number of the agency
that provided the information.
25. Under NJ law, a foreclosing mortgagee may not
evict tenants, unless there are grounds under
Anti-Eviction Act.
Federal Foreclosure Law: 12 USC § 5220 the
Helping Families Save Their Homes Act of 2009,
before a tenant can be evicted due to foreclosure,
the landlord must provide the tenant with a 90
day notice to quit when the foreclosed property
has been purchased by a buyer who wants to
personally occupy it as his primary residence.
Federal Law does not preempt any State or local
law that provides longer time periods or other
additional protections for tenants.
26. N.J.S.A. 2A:50-69 et seq.
◦ Property acquired in Foreclosure containing one or
more residential units requires written notice, in
English and Spanish, within 10 business days after
the sale.
◦ Must tell tenants that property ownership has
changed, and that they are not required to move.
◦ Notice requirements to tenants PRIOR to the
transfer of title due to a Foreclosure Action.
◦ Notice requirements to tenants AFTER the transfer
of title due to a Foreclosure Action.
27. Alternative Dispute Resolution: Arbitration
and Mediation
May be provided in written Lease (typically
seen in determining fair market rent on
renewal, or as a condition to commencing a
lawsuit)
Mediation is strongly encouraged at
Landlord/Tenant Court (non-binding)