Real estate ownership takes many forms in New Jersey. Rights in real property change based on the number of owners and their percentage share, martial relationships, whether subject to inheritance or automatic transfer, death of a beneficiary, use restrictions, right of re-entry, and termination upon the occurrence of a pre-defined event. Deeds in New Jersey … Read more
Landlords in New Jersey often ask their rights to show tenant occupied property that is for sale. Allowing prospective buyers access can increase sale proceeds. A bidding war is more likely if multiple prospective buyers are able to view in the interior. A landlord’s right to enter tenant-occupied property is limited. The starting point is … Read more
Easements in New Jersey serve many purposes. “Right of way” easements allow owners to pass through another’s property where it is necessary for street access or convenient for traveling to a specific location. “Public Utility” easements permit utility companies to set up electrical and plumbing. Commercial uses such as parking, access to transportation, or storage. … Read more
Deeds transfer ownership in real property from the grantor to the grantee in New Jersey. For example, a seller (grantor) uses a deed to transfer ownership to the buyer (grantee). Parents (grantor) often freely transfer to their children (grantee). Deeds are characterized by “guarantees” the grantor makes about their interest in the property, and “promises” … Read more
Deeds are a legal document that transfers ownership in real estate. New Jersey recognizes multiple kinds of deeds: bargain and sale, quit claim, sheriff’s deed, deed in lieu of foreclosure, special warranty, and general warranty deeds. The New Jersey Recording Act requires that deeds must be recorded to be fully enforceable against future claims. The … Read more
New Jersey is a pro-tenant state and “functional tenant” case law adds another barrier to evictions.
Even where a lease explicitly terminates upon death, an occupant in premises leased by a deceased family member can be entitled to protection under the Anti-Eviction Act.
On June 22, 2020, the Appellate Division in Golden Apple Holdings, LLC v. Estate of Caridad Perez applied the “functional tenant” doctrine to reverse a warrant of removal.
Tenants can assert defenses to eviction in New Jersey including defective notice, waivers due to collecting rent or passing of time, uninhabitable condition, bankruptcy, lack of registration or certificate of occupancy, and retaliation. Tenants must prove their defenses at trial.
Ejectment is the legal process in New Jersey for removing an non-tenants, including squatters, and friends and family that refuse to leave. Ejectment involves filing a lawsuit, court hearings, and lock-out by the county sheriff.
Tenants can rent property as tenants at-will, month-to-month, year-to-year, or in another agreed upon arrangement. New Jersey law on legal notices and evictions can be different for each type of tenant.
New Jersey law sets forth how landlords collect, hold, and return security deposits. Keeping a security deposit improperly can result in paying “double” the deposit to the tenant, court costs, and attorney fees.