Landlord / Tenant Residential

Landlord/Tenant Residential

New Jersey Business Law Attorney

Residential Landlord-Tenant

Whether you are a landlord or tenant involved in the rental of residential real estate, there are a number of aspects of New Jersey law that are important to you.   For example, you should be aware there are different rules that apply to owner-occupied premises as opposed to multi-family apartment dwellings.

At the Ocean County Law Firm of Law Offices of DiFrancia and DeDona P.C., we have assisted a number of clients concerning rental of residential property.  Additionally, our close proximity to the Jersey shore has proven to be an excellent resource for both landlords and tenants with short-term lease questions for vacation rentals.

Experienced Ocean County Landlord Tenant Attorneys

It is in the best interests of both landlords and tenants to validate the terms of their rental agreement by way of a written lease.   Some lease agreements may be found online or purchased in office supply stores.  However, the problem with using standardized forms is that they are not New Jersey specific.  This may not be an issue unless either the landlord or tenant later fails to comply with the terms of the lease.

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At the New Jersey Law Offices of DiFrancia and DeDona P.C., we advise clients on the various components of the lease agreement.  This is based on the assumption that leases are legally binding contracts that can have a number of consequences.

Lease agreements need to spell out not only the length of the rental contract but also financial considerations.  This means documenting security deposits, rental amounts, and any late fees.  Additionally, it is vital that a residential lease contains language concerning the rights and obligations of both the landlord and tenant.  

Among other things, this could mean the assumption of utility costs, repairs or requirements for snow or grass removal.  It would also include assertions concerning use of the premises and its maintenance.

Landlord Tenant Court

In some circumstances, it may be necessary to retain experienced legal counsel for representation in Landlord-Tenant Court.   Most often, appearances are associated with removal proceedings.  Although eviction may be premised on a failure to pay rent, there are other reasons that a landlord may seek to have a tenant removed.  Among them are the following:

  • Tenant was advised to cease disturbing the peace, but continued to do so

  • Removal is requested based on tenant’s willful destruction of the rental property

  • Eviction may be sought based on tenant’s illegal substance abuse issues

  • Landlord has received numerous citations and has decided to board up or demolish property

  • Owner no longer intends to lease property as a residence

  • Owner wishes to occupy building that contains three or fewer units

  • Property was illegally rented

There are other reasons that a landlord may seek eviction proceedings, but these are the most common.  Additionally, a tenant may need the court’s assistance in demanding that the landlord complies with obligations established in the residential lease agreement.

For example, the tenant may bring a case to court for the landlord’s failure to supply heat or running water.  Additionally, if repairs are not attended to in a reasonable time period, the court may direct the landlord to make them.

We Can Help You

DiFrancia and DeDona P.C. has represented both landlords and tenants in conjunction with residential real estate leases.  Find out how we can help you by calling or emailing us to schedule an appointment as soon as possible!