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Real Estate, Landlord/Tenant, and Zoning

Call Us Today Toll Free: 855-376-5291

Real Estate, Landlord/Tenant, and Zoning

Call Us Today Toll Free: 855-376-5291

A Real Estate Broker Must Understand the Statute of Frauds and NJ Contract Law

HNW February 14, 2023 Contract Law, Real Estate, Landlord/Tenant, and Zoning

The statute of frauds requires certain types of real estate agreements to be in writing or the agreement will not be recognized by law.  …

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Contract LawReal Estate

Must You Pay a Realty Transfer Fee (Tax!) When Transferring Real Estate to a Trust

HNW August 22, 2022 Real Estate, Landlord/Tenant, and Zoning, Understanding When a Trust Should Be Used in NJ

Recently, an out of state client wanted to transfer two NJ properties into a revocable living trust. Both properties were subject to mortgages.  The …

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Real EstateTrust Law and Litigation

You Can’t Always Claim Hardship Before a Zoning Board to Install an Ugly Sign

HNW August 5, 2022 Real Estate, Landlord/Tenant, and Zoning

Background to a Recent Sign Case A property owner appealed to the Jersey City Zoning Board for variance relief to install a digital sign …

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Zoning

Can You Transfer Your Home With a Mortgage to a Trust Without Jeopardizing Your Bank Loan?

HNW July 22, 2022 Elder Care Law, Real Estate, Landlord/Tenant, and Zoning

There is a Federal law called the Garn-St Germain Act.   Federal Regulations exempt transfers to trusts in which the transferor or a member of …

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Elder Care LawReal Estate

Better Be Able to Prove Your Right to a Variance to Build on Vacant Land to Get the Highest Price from the Government in a Condemnation Case

HNW June 1, 2022 Real Estate, Landlord/Tenant, and Zoning

In condemnation cases, the government must pay the fair market value of your land. If your vacant land needs a variance to build, you …

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Zoning

Some NJ Courts Are Dismissing Evictions Against Tenants Because of Defective Landlord Tenant Registrations

HNW March 24, 2022 Real Estate, Landlord/Tenant, and Zoning

If you have a property where you have registered with the Department of Community Affairs, you can stop reading and ignore this. All other …

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Landlord Tenant Laws

Understanding the New Jersey Freeze Act and Your Property Taxes

HNW March 16, 2022 Real Estate, Landlord/Tenant, and Zoning

The Freeze Act comes into play where there has been a reduction in a local property tax assessment by judgment after trial or by …

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Real Estate

What Authority Does a Local Zoning Board Have Over New School Construction or Renovations?

HNW February 14, 2022 Real Estate, Landlord/Tenant, and Zoning

When it comes to school construction, zoning boards are limited in their jurisdiction to grant approvals or rejection.  New Jersey’s zoning law recognizes the …

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Zoning

Understanding the Budgetary Powers of Condominium Associations

HNW February 9, 2022 Real Estate, Landlord/Tenant, and Zoning

Condominium associations derive their power and responsibilities from the Condominium Act, N.J.S.A. §46:8B-14 and 15.  Courts treat condominium associations like they do corporations, holding …

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Real Estate

Landlords Beware About Criminal Screening of Prospective Tenants

HNW January 6, 2022 Real Estate, Landlord/Tenant, and Zoning

The Division of Civil Rights promulgated their final regulations today concerning the implementation of this new Criminal Background Check (“CBC”) screening law. I have …

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Landlord Tenant Laws

Municipal Courts Have Jurisdiction to Impose Civil Penalties in an Enforcement Action Filed Under the Spill Compensation and Control Act

HNW May 12, 2021 Real Estate, Landlord/Tenant, and Zoning

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 …

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Real Estate

Finally, It’s a Little Easier to Evict or Foreclose on a Commercial Tenant(s)

HNW May 7, 2021 Real Estate, Landlord/Tenant, and Zoning

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 …

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Landlord Tenant Laws

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 …

Read More
Landlord Tenant Laws
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Hanlon Niemann & Wright Law Firm

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Freehold, NJ 07728
Phone: (732) 863-9900
Phone (Toll Free): (855) 376-5291
Email:  fniemann@hnlawfirm.com

 

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  • Home
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    • About Hanlon Niemann & Wright and Our Attorneys
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    • Elder Law, Disability and Guardianship Rights
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    • Estate Planning, Wills & Trusts
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