CIVIL/BUSINESS MATTERS

Formation of your business (corporations, partnerships, LLCs), drafting of your operating agreements or reviewing your business contracts and setting up your business in any county in New Jersey that you want to operate business, as well as helping you with the other civil cases listed below. Take a look at some of what we have done for our clients.

✔ Many companies are shifting to a fractional general counsel model to manage costs while obtaining needed legal services on an ongoing basis. Companies are recognizing the high costs of the traditional model: hiring full-time in-house counsel or outside law firms only when legal issues arise. Currently, many companies are taking a proactive approach to mitigate risk by hiring fractional general counsel to proactively prevent or reduce potential legal liabilities before they occur. Contact us today to learn how we can serve as your company's fractional general counsel, providing preventive, cost-effective legal guidance on an ongoing basis.

✔ From small claims cases to complex civil or commercial litigation, we are aggressive in standing up for our clients. Whether as Plaintiff(s) or Defendant(s), many families and businesses rely on the great work we render. Regardless of which court you have your case in New Jersey, we are present there...Call our office today: 1-800-983-9198.

LANDLORD-TENANT MATTERS

Depending on the situation, we can assume a duty to represent the landlord against a tenant. Similarly, we represent tenants against their landlords. We fully advise our clients of their rights under the tenenacy laws of New Jersey. If you are a landlord seeking help to evict or defend against a lawsuit against a tenant, or you are a tenant having issues with your landlord, call the landlord-tenant lawyer at 1-800-983-9198.

✒  THINGS WE DO FOR TENANTS:

- Contact the landlord to discuss the complained issues and seek amicable resolution.
- Write to demand the return of security deposit or sue landlord for security deposit.
- Prepare complaint and sue the landlord for violation of New Jersey tenancy laws.
- Represent tenants in all court proceedings until the case is resolved.

✔ All tenants have a right to live in habitable conditions, but they also have the responsibility to maintain and preserve a landlord's property under New Jersey law. The landlord must maintain livable conditions in an apartment or rental home and must repair damages caused from normal wear and tear.

✒  THINGS WE DO FOR LANDLORDS:

- Draft/review residential and commercial leases for landlords.
- Advise landlords on the best course of action regarding a non-compliant tenant.
- Write and serve a demand letter on the subject tenant to vacate property and turnover keys.
- Represent landlords in court in eviction proceedings against tenants.
- Help collect unpaid rents from defaulting tenants.

✔ Landlords in New Jersey have to abide by state, federal, and sometimes even local laws when renting to tenants. This includes everything from what questions you ask on your rental application to when and how you can raise rent or end a tenancy. You also have to follow warranty of habitability rules for residential tenancies and more. If you do not follow these rules, you can get into big fights with tenants and end up paying a lot of money. For example, if you do not tell tenants about lead paint hazards in your rental or you discriminate against tenants, you could get fined.

Here are ten ways to stay out of legal trouble and run a successful property management business in New Jersey:

(1) Comply With Anti-Discrimination Laws: Before advertising a vacant apartment, it is vital that landlords understand fair housing laws regarding selecting tenants. This includes properly advertising rentals, asking legal interview questions, and interacting lawfully with current renters. Ignorance of these regulations risks discrimination complaints and legal action. While New Jersey landlords can legally reject applicants based on credit, references, rental history, or other risk factors, they cannot discriminate against protected classes like race, religion, national origin, sex, families with children, or disabilities.

(2) Follow State Rent Rules: Landlords in New Jersey want tenants to pay rent on time to avoid problems. If raising rent or evicting nonpaying tenants becomes necessary, landlords must follow state laws and local rent control rules. For example, New Jersey requires seven days' written notice before filing for eviction over unpaid rent. Newark and other cities may have additional regulations. Check state and local requirements before taking any actions related to rent payment or increases.

(3) Meet State Security Deposit Limits and Return Rules: Disagreements over security deposits are among the most common conflicts between landlords and tenants. To prevent problems, understand your state's regulations on issues like deposit limits (for example, deposits cannot exceed one and one-half month's rent in New Jersey) and interest owed. Using checklists for move-in and move-out inspections, and providing tenants with written itemizations of deposit deductions can help avoid disputes.

(4) Provide Habitable Housing: New Jersey law requires landlords to keep rental properties livable under the "implied warranty of habitability" doctrine. If landlords fail to make vital repairs like fixing a broken heater, New Jersey tenants can pursue options such as withholding rent or making repairs themselves and deducting the costs from their rent.

(5) Prepare a Legal Written Lease or Rental Agreement: The lease agreement between landlord and tenant establishes the legal terms of their relationship. It outlines crucial details like occupancy length and rent amount, alongside relevant laws. However, problems occur when landlords add illegal clauses, like waiving habitability duties, or omit required disclosures. Though not all issues must be addressed, clearly detailing tenant rights and responsibilities in a lawful lease prevents disputes. An effective rental contract informs both parties and fosters a harmonious landlord-tenant relationship.

(6) Make Legally Required Lead-Based Paint Disclosures: Under New Jersey law, landlords must make certain disclosures to tenants (usually in the lease or rental agreement), such as whether or not the rental property is in a flood zone. Landlords must also comply with required federal disclosures regarding lead-based paint on the property, or face hefty financial penalties

(7) Respect Tenants’ Privacy: New Jersey landlords must provide one day’s notice before entering rental property to make repairs. To avoid problems, include a lease or rental agreement clause that complies with the law and lets the tenant know your right of entry; also, keep written records of your requests to enter rental units

(8) Don't Retaliate Against a Tenant Who Exercises a Legal Right: It is illegal to retaliate in New Jersey — for example, by attempting to raise the rent or evict a tenant for complaining about an unsafe living condition. To avoid problems, or counter false retaliation claims, establish a good paper trail to document how you handle repairs and other important facts of your relationship with your tenant

(9) Follow Exact Procedures for Terminating a Tenancy or Evicting a Tenant: New Jersey law has strict requirements for landlords seeking to terminate a tenancy. Landlords must provide tenants with a specific notice that follows the legal rules for timing and content. For unconditional quit terminations, landlords must provide 3 days' notice. For terminations due to lease violations, specific notice is also required before filing an eviction lawsuit. Failure to follow the notice rules may delay the termination process.

(10) Take Advantage of Legal Resources Available to Landlords: To find helpful legal resources on renting, check out government agency websites like HUD and your state's fair housing agency. They offer useful guides on tenant rights and landlord-tenant laws. Your state attorney general or consumer protection agency also provides key information. If you have specific legal questions, consult an experienced landlord-tenant attorney in New Jersey.