Is a Real Estate Attorney Required in New Jersey?
A real estate attorney helps protect and understand your rights and obligations, although not required or needed by law when buying or selling in New Jersey.
Forms of Real Estate Ownership in New Jersey
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
Guide to Attorney Review in New Jersey
Attorney review in New Jersey is a three-business day period to consult an attorney before the contract is final. Learn how attorney review works in this guide.
Landlord’s Right to Show Tenant Occupied Property
Landlords in New Jersey often need to access and show tenant occupied property. Learn about rights to show during the a purchase and sale of a rental property.
Guide to Easement Laws in New Jersey
Learn the New Jersey law on the purpose and various types of easement, how easements are created and terminated, and the penalties for violating an easement.
Types of Deeds and Covenants in New Jersey
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
Valid and Enforceable Deeds in New Jersey
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
Golden Apple Holdings v. Estate of Perez – “Functional Tenant” Doctrine
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.
Defenses to Eviction in New Jersey [2020]
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.
Removing A Non-Tenant in New Jersey
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.