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Home Blogs Real Estate, Landlord/Tenant, and Zoning

Real Estate, Landlord/Tenant, and Zoning

Call Us Today Toll Free: 855-376-5291

Your Reason for Signing a Contract Can’t Be Used Against You

HNW January 6, 2021 Business and Corporate Legal Services, Contract Law, Real Estate, Landlord/Tenant, and Zoning

“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …

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Business and Corporate Legal ServicesContract LawReal Estate

New Jersey Senior Property Tax Freeze and Ownership of Property

HNW December 21, 2020 Real Estate, Landlord/Tenant, and Zoning

In New Jersey, seniors who own real estate are eligible for their property taxes to be reimbursed to them directly from the state Division …

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Real EstateReal Estate Tax Appeals

A Zoning Board Can Deny a Business Owner the Right to Sell its Business

HNW December 14, 2020 Real Estate, Landlord/Tenant, and Zoning

Under New Jersey Zoning Law, the doctrine of estoppel holds that an entity “may, by voluntary conduct, be precluded from taking a course of …

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Zoning

Getting Use Variance Approval (a “D” Variance) is Tough.  This Case Explains Why

HNW November 30, 2020 Real Estate, Landlord/Tenant, and Zoning

Background and Facts of the Case In this zoning law case, the plaintiff owned a shopping center located in the Community Commercial Zoning District …

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Zoning

Just Because You’re a Disabled Veteran, You Don’t Get to Evade Municipal Zoning Laws

HNW November 6, 2020 Real Estate, Landlord/Tenant, and Zoning

A recent case involved a plaintiff who resides in a single-family home in the Borough of Totowa.  He is a retired police officer and …

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Zoning

Once You Agree to Settle a Lawsuit, New Jersey Law Will Not Let You Back Out of the Settlement

HNW November 2, 2020 Business Law, Real Estate, Landlord/Tenant, and Zoning

In many (most cases/lawsuits) the parties settle their dispute. There is strong public policy favoring settlement of litigation. Once a case is settled, New …

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Business Litigation

Home Inspection Companies Can Be Sued Under the New Jersey Consumer Fraud Act

HNW October 12, 2020 Real Estate, Landlord/Tenant, and Zoning

Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …

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Real Estate

The Enforcement of Restrictive Covenants in Commercial Leases

HNW August 31, 2020 Business and Corporate Legal Services, Real Estate, Landlord/Tenant, and Zoning

Restrictive covenants prohibiting competition by tenants in a shopping center can be enforced in New Jersey. This article discusses when and when not a …

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Business and Corporate Legal ServicesReal Estate

After You Kick Out Your Tenant, Be Careful Before You Kick Out Their Junk

HNW August 10, 2020 Real Estate, Landlord/Tenant, and Zoning

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 …

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Landlord Tenant Laws

Can a Zoning Board Make Owner Occupancy a Condition of Granting a Use Variance?

HNW July 27, 2020 Real Estate, Landlord/Tenant, and Zoning

Zoning boards in NJ grant use variances. Generally, a condition of variance approval cannot include a requirement for owner occupancy of a personal residence. …

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Real EstateZoning

What’s the Next Step for Landlords and Evictions Restricted by the CARES Act?

HNW July 17, 2020 Real Estate, Landlord/Tenant, and Zoning

You may have heard that, as part of the Federal CARES Act, Congress imposed a moratorium on certain tenancy filings. This moratorium only applies …

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Real Estate

Can a Board of Adjustment Grant a Variance for a Self-Created Violation of a Municipal Zoning Ordinance?

HNW June 19, 2020 Real Estate, Landlord/Tenant, and Zoning

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 …

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Zoning

Objections to a Zoning Board Application Are Not Entitled to an Award of Legal Fees and Costs

HNW June 15, 2020 Real Estate, Landlord/Tenant, and Zoning

In a land use and Zoning Board hearing,  applicants often amend, withdraw and resubmit applications to address concerns raised by neighbors, board members and …

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Zoning

Wait Too Long and You Lose Your Right to Appeal an Adverse Decision by a Zoning Board of Adjustment

HNW June 11, 2020 Real Estate, Landlord/Tenant, and Zoning

New Jersey Law allows a limited period of time to Appeal an adverse decision by a governmental entity. If you fail to file an …

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Zoning

Is There a Lease? Part 2

HNW May 19, 2020 Real Estate, Landlord/Tenant, and Zoning

In our last blog, I discussed the curious case of Nicole, a single mother of 6 who occupies a house foreclosed upon and now …

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Real Estate

Is There a Lease? Part 1

HNW May 12, 2020 Real Estate, Landlord/Tenant, and Zoning

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 …

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Real Estate

Adjusting the Homestead Refund Check After Closing:  How to Do It

HNW March 20, 2020 Real Estate, Landlord/Tenant, and Zoning

A client called our office after the sale of his home.  Middletown Township apparently deducted the homestead rebate paid by the seller from the …

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Real Estate

No Drugs on This Property

HNW March 9, 2020 Real Estate, Landlord/Tenant, and Zoning

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 …

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Landlord Tenant Laws

A Municipal Zoning Ordinance Cannot Regulate Who Can Live in a Home

HNW January 30, 2020 Real Estate, Landlord/Tenant, and Zoning

A local zoning ordinance can lawfully regulate uses and buildings in a municipality An ordinance cannot regulate the persons eligible to live in the …

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Real Estate

Can Construction Permit Fees Relating to Handicapped Improvements Be Waived by a Municipality?

HNW November 22, 2019 Real Estate, Landlord/Tenant, and Zoning

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 …

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Real EstateSpecial Needs Trusts for Minor Children and Adults

Understanding the Law of Tenancy by the Entirety When a Marital Home is Owned by a Husband and Wife

HNW October 4, 2019 Real Estate, Landlord/Tenant, and Zoning

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 …

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Real Estate

Commercial Leases: Does it Matter if You Fail to Give Notice of Intent to Renew Your Lease?

HNW June 28, 2019 Real Estate, Landlord/Tenant, and Zoning

A common provision in commercial leases is an option requiring the tenant to notify the landlord of their intention to renew the lease or …

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Commercial LeasesLandlord Tenant Laws

New Jersey Tax Laws Strike Again:  New Jersey Just Added Another Tax – This Time It’s a Tax on Short-Term Rentals

HNW April 24, 2019 Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Real Estate Law Firm If you engage in …

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Real Estate Tax Appeals

The New Jersey Uniform Construction Code And The Neighbor From Hell

HNW July 30, 2018 Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business & Real Estate Attorney There is a section of the …

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Understanding the Difference Between Owning A Home as “Tenants in Common” and Owning A Home as “Tenants by the Entirety”

HNW February 23, 2018 Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate Attorney Often times I review real estate deeds for …

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I must say thank you again!

HNW September 6, 2017 Real Estate, Landlord/Tenant, and Zoning

After utilizing your office for yet another hurdle in my life – I must say thank you again! Bonnie and her staff once again …

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Testimonials - Real Estate

Growing Your Business: How Reusing Architectural Plans Can Set You Up for Real Trouble

HNW March 24, 2017 Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business & Real Estate Attorney When you hire an architect to …

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Determining the Fair Market Value Credit for Property Sold at a Sheriff’s Sale

HNW February 27, 2017 Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Foreclosure and Real Estate Attorney In a previous blog, I discussed …

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Enforcing a Construction Lien: Putting Someone on Notice

HNW February 22, 2017 Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Construction Lien Law Attorney When you file a construction lien upon …

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Does A Real Estate Deed Need to Disclose The Husband and Wife Owners as Married?

HNW November 28, 2016 Real Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate and Estate Planning Attorney Recently clients had me review …

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Hanlon Niemann & Wright Law Firm

3499 Route 9 North, Suite 1F
Freehold, NJ 07728
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