Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …
The Enforcement of Restrictive Covenants in Commercial Leases
Restrictive covenants prohibiting competition by tenants in a shopping center can be enforced in New Jersey. This article discusses when and when not a …
After You Kick Out Your Tenant, Be Careful Before You Kick Out Their Junk
Recently, a trial judge determined that an evicted tenant was obligated to pay to plaintiff, the landlord, $2,509.79 for the costs incurred to remove …
Can a Zoning Board Make Owner Occupancy a Condition of Granting a Use Variance?
Zoning boards in NJ grant use variances. Generally, a condition of variance approval cannot include a requirement for owner occupancy of a personal residence. …
What’s the Next Step for Landlords and Evictions Restricted by the CARES Act?
You may have heard that, as part of the Federal CARES Act, Congress imposed a moratorium on certain tenancy filings. This moratorium only applies …
Can a Board of Adjustment Grant a Variance for a Self-Created Violation of a Municipal Zoning Ordinance?
A variance application before a zoning board based on a property owners self-created mistake or hardship requires special proof and evidence. Zoning Boards of …
Objections to a Zoning Board Application Are Not Entitled to an Award of Legal Fees and Costs
In a land use and Zoning Board hearing, applicants often amend, withdraw and resubmit applications to address concerns raised by neighbors, board members and …
Wait Too Long and You Lose Your Right to Appeal an Adverse Decision by a Zoning Board of Adjustment
New Jersey Law allows a limited period of time to Appeal an adverse decision by a governmental entity. If you fail to file an …
Is There a Lease? Part 2
In our last blog, I discussed the curious case of Nicole, a single mother of 6 who occupies a house foreclosed upon and now …
Is There a Lease? Part 1
It is no secret that residential tenants of a property being foreclosed upon are subject to the protections of the Anti-Eviction Act, which mandates …
Adjusting the Homestead Refund Check After Closing: How to Do It
A client called our office after the sale of his home. Middletown Township apparently deducted the homestead rebate paid by the seller from the …
No Drugs on This Property
I read an interesting post recently involving drugs and the sale of an ordinary single-family home. The Buyer’s title company had a very, very …
A Municipal Zoning Ordinance Cannot Regulate Who Can Live in a Home
A local zoning ordinance can lawfully regulate uses and buildings in a municipality An ordinance cannot regulate the persons eligible to live in the …
Can Construction Permit Fees Relating to Handicapped Improvements Be Waived by a Municipality?
Handicapped persons have certain protections under the Americans with Disabilities Act and other laws unavailable to the non-disabled One protection is an exemption from …
Understanding the Law of Tenancy by the Entirety When a Marital Home is Owned by a Husband and Wife
Recently, our associate prepared a memo about executing a creditor’s judgment upon a tenancy by the entirety. As a result, I read a few …
Commercial Leases: Does it Matter if You Fail to Give Notice of Intent to Renew Your Lease?
A common provision in commercial leases is an option requiring the tenant to notify the landlord of their intention to renew the lease or …
New Jersey Tax Laws Strike Again: New Jersey Just Added Another Tax – This Time It’s a Tax on Short-Term Rentals
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Real Estate Law Firm If you engage in …
The New Jersey Uniform Construction Code And The Neighbor From Hell
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business & Real Estate Attorney There is a section of the …
Understanding the Difference Between Owning A Home as “Tenants in Common” and Owning A Home as “Tenants by the Entirety”
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate Attorney Often times I review real estate deeds for …
I must say thank you again!
After utilizing your office for yet another hurdle in my life – I must say thank you again! Bonnie and her staff once again …
Growing Your Business: How Reusing Architectural Plans Can Set You Up for Real Trouble
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business & Real Estate Attorney When you hire an architect to …
Determining the Fair Market Value Credit for Property Sold at a Sheriff’s Sale
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Foreclosure and Real Estate Attorney In a previous blog, I discussed …
Enforcing a Construction Lien: Putting Someone on Notice
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Construction Lien Law Attorney When you file a construction lien upon …
Does A Real Estate Deed Need to Disclose The Husband and Wife Owners as Married?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate and Estate Planning Attorney Recently clients had me review …
What is the Tax Effect of Transferring Personally Owned Real Estate to a Revocable Trust?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Trust and Real Estate Attorney As I give you the answer …
Does the New Jersey Real Estate Transfer Fee Apply to a Transfer of Real Estate to a Revocable Trust?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Trust Attorney A widow with no children, created a revocable trust …
Mortgages and Medicaid Liens: Which Is Paid First? Part 2: Priority of Claims Paid
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney In our last blog entry, I discussed with you …
Mortgages and Medicaid Liens: Which Is Paid First? Part 1: The Medicaid Lien
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Medicaid Attorney A client came to see me seeking to move …
Seller Has No Duty to Warn Homebuyer about a Crazy Neighbor
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate Law Firm Developers and homeowners in New Jersey now …
Counsel Fees in Foreclosure Cases- Getting Around the Imposed Limit
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate Foreclosure Attorney In one of my earlier blogs, I …