If you have an out of state judgment that you want to collect in New Jersey, we can help. The judgment needs to be submitted to the Superior Court of New Jersey with an affidavit that we will prepare for entry, together with the filing fee. Then it can be enforced against the New Jersey […]
COLLECTING FOREIGN JUDGMENTS IN NEW JERSEY Read More »
If someone falls on your sidewalk, are you responsible? New Jersey law says that it depends on what kind of owner you are. If you are a residential homeowner of a one or two family home in which you reside, then you are not liable. But please note that you should always carry liability insurance
SIDEWALK LIABILITY FOR PROPERTY OWNERS Read More »
This month, the New Jersey Supreme Court decided that an emotionally disabled condo owner could have an emotional support dog although pets that size were expressly prohibited by the master deed of the condo development. And compounded the damage by extending this holding to landlords being obligated to permit tenants to have an emotional support
SUPREME COURT GOING TO THE DOGS Read More »
In a recent Appellate Division decision, the New Jersey scheme of tax sale certificate foreclosures was radically overturned. Relying on a 2023 US Supreme Court opinion, the court found that a foreclosure judgment divesting the owner of all equity violated the Fifth Amendment of the US Constitution prohibiting taking of private property without
TAX FORECLOSURES FLIPPED Read More »
New Jersey landlords know that the path to removing a residential tenant is often treacherous. This is due in large part to our Anti Eviction Act, which requires a landlord to establish a ground for eviction in order to prevail in court. Any tenant on a month to month lease can simply terminate the tenancy
OWNER OCCUPANTS EVICT BETTER Read More »
The sole parent of a schizophrenic adult daughter consulted me about seeking guardianship. The daughter was putting herself in risky situations and not taking her prescribed medications. Her father hoped that he would be able as her guardian to protect her and see to it that she would take her medications so that she could
ADULT GUARDIANSHIP WON Read More »
I receive many calls from homeowners complaining about home improvement contractors. Typically the contractor has all the money and the job is 20% completed. Initially, it makes sense for a homeowner to have an attorney review a home improvement contract before signing it. It amazes me that someone would agree to a $100,000.00 transaction without
HOME CONTRACTORS BEWARE! Read More »
It is critical for landlords to identify within their residential leases all persons who are permitted to occupy the premises. Otherwise, the tenant could create an overcrowding situation for which the landlord could be liable. Or the landlord may have to deal with an unauthorized tenant. For this reason, also, it is crucial for a buyer
EVICTING AN OCCUPANT WHO IS NOT ON THE LEASE Read More »
The New Jersey Prompt Payment Act requires that an owner pay its contractor within 30 days of full performance of the construction contract and approval of the billing. Similarly, a subcontractor must be paid by the general contractor for work completed and approved by the owner or the general contractor within 10 calendar days of
NEW JERSEY PROMPT PAYMENT ACT REVISITED Read More »
It has been a tough couple of years for New Jersey landlords due to COVID related rules and restrictions imposed by the government. The scheme permitted working tenants to remain in their apartments without paying rent for 18 months, and then prevented their landlords from evicting them for non-payment of rent. At the same time,
THE WEARY LANDLORD Read More »
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.
