A recent Appellate Court decision ruled municipal courts have jurisdiction pursuant to N.J.S.A. 58:10-23.11u(d) to impose civil penalties under the Spill Act in a …
Because of Governor Murphy’s executive orders, commercial landlords have been unable to get possession of their properties from non-residential tenants since the onset of …
“Every contract in New Jersey contains an implied covenant of good faith and fair dealing.” “The party claiming a breach of the covenant of …
In New Jersey, seniors who own real estate are eligible for their property taxes to be reimbursed to them directly from the state Division …
Under New Jersey Zoning Law, the doctrine of estoppel holds that an entity “may, by voluntary conduct, be precluded from taking a course of …
Background and Facts of the Case In this zoning law case, the plaintiff owned a shopping center located in the Community Commercial Zoning District …
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 …
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 …
Home inspectors have not historically been recognized as “learned professionals”, as that term is defined under the law. The Consumer Fraud Act applies to …
Restrictive covenants prohibiting competition by tenants in a shopping center can be enforced in New Jersey. This article discusses when and when not a …
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 …
Zoning boards in NJ grant use variances. Generally, a condition of variance approval cannot include a requirement for owner occupancy of a personal residence. …
You may have heard that, as part of the Federal CARES Act, Congress imposed a moratorium on certain tenancy filings. This moratorium only applies …
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 …
In a land use and Zoning Board hearing, applicants often amend, withdraw and resubmit applications to address concerns raised by neighbors, board members and …
New Jersey Law allows a limited period of time to Appeal an adverse decision by a governmental entity. If you fail to file an …
In our last blog, I discussed the curious case of Nicole, a single mother of 6 who occupies a house foreclosed upon and now …
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 …
A client called our office after the sale of his home. Middletown Township apparently deducted the homestead rebate paid by the seller from the …
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 local zoning ordinance can lawfully regulate uses and buildings in a municipality An ordinance cannot regulate the persons eligible to live in the …
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 …
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 …
A common provision in commercial leases is an option requiring the tenant to notify the landlord of their intention to renew the lease or …
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Real Estate Law Firm If you engage in …
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business & Real Estate Attorney There is a section of the …
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate Attorney Often times I review real estate deeds for …
After utilizing your office for yet another hurdle in my life – I must say thank you again! Bonnie and her staff once again …
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Business & Real Estate Attorney When you hire an architect to …
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Foreclosure and Real Estate Attorney In a previous blog, I discussed …
