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Legal Assistance for Owners, Landlors, & Tenants
In New Jersey, all condominiums must comply with statutory requirements which are established by the State. These requirements, found in Section 46:8B-8, et seq. of the New Jersey Revised Statutes, provide the general ground rules for creating, governing, maintaining, and running condominium associations.
All condominium associations are required by law to have bylaws and a master deed which establish the rights, duties, and obligations between and among individual condominium unit owners. All associations are further required to appoint a governing board and hold meetings. There are numerous additional technical requirements and formalities which set the minimum legal standard to which the association must adhere.
If your condominium association is engaging in misconduct, failing to enforce the master deed and bylaws, or is engaged in self-dealing or other nefarious conduct through its president or board members, you, the unit owner, may have a legal claim against the association for damages.
This is because the condominium association itself owes a “fiduciary duty” to all individual unit owners. If that duty is breached, then, you, the unit owner, may have the ability to recover for harm sustained individually or derivatively on behalf of all affected unit owners.
Our Jersey City real estate litigation attorneys have experience evaluating condominium claim and issues and can help you take action to enforce your rights!
Whether you are the landlord or tenant with a commercial or residential property, the lease is the operative legal contract that sets forth your rights and duties. Frequently, one side or the other will breach the lease, intentionally or unintentionally, yet it is not always clear what recourse is available to you in such instances. Common questions are whether, and how quickly, you can proceed with eviction, sue for damages, make repairs or changes to property, or make or cease certain uses of property.
New Jersey Laws afford strong protection to residential tenants to ensure that landlords do not abscond with or commingle rental security deposits. The law requires that landlords hold their tenants’ security deposit in segregated, interest bearing trust accounts, and further that landlords repay in full security deposits within thirty (30) days of the end of the lease. If your residential landlord fails to return your security deposit, you may be entitled to “automatic” damages equal to double the amount of your rental deposit. New Jersey Laws afford less stringent protection to commercial tenants’ security deposits. Although the law does not provide for automatic damages, commercial landlords are still required to retain and return security deposits to tenants upon expiration of the lease term.
New Jersey common law has created a legal doctrine to provide relief in situations where a person or entity, public or private, makes an unreasonable use of their own property which creates an interference with your ability to use your property. This is known as a “nuisance.” While it sounds trivial, in reality, nuisances can be far more than a mild inconvenience. A cause of action may lie for nuisance if your neighbor or adjoining property owner makes unreasonably loud noises at all hours of the day or night, operates dangerous equipment or machinery on his land, uses strong chemicals or processes that create foul odors, or otherwise creates a persistent condition that prevents you from making full use of your own property. If you have suffered harm as a result of a nuisance, you may have a legal claim against your neighbor for relief! Let a Jersey City real estate litigation attorney help you assess the strength of your claim today!
New Jersey landlords are required to maintain certain of living for residential tenants. These minimum standards are known as the “warranty of habitability.”
Common Conditions of a Breach of the Warranty of Habitability:
‣ Mold contamination
‣ Lead paint and asbestos contamination
‣ Rodent or insect infestations
‣ Improperly heated or ventilated living areas
‣ Other similar conditions.
At the Law Office of Alexander Schachtel, we serve people throughout New Jersey and New York in a variety of legal matters. Our team consists of civil & commercial litigation attorneys and personal injury lawyers that can assist you with your legal issues anywhere in New Jersey and New York.
Let our experienced and dedicated legal advocates work for you. Get in touch with us today to discover how the attorneys at the Law Office of Alexander Schachtel can help you.
If you’ve been injured through no fault of your own, the effects can be more than physically limiting. Mental and emotional wounds can be as disabling as physical injury, they can even be incredibly isolating. Which is why at the Law Office of Alexander Schachtel we take our clients through every step leaving no stone unturned and no question unanswered.
As we work diligently to secure the compensation you will need in the future, you and your family can begin the healing process. For additional information about our Hoboken personal injury attorneys and our ability to help you, give our attorneys a call at (201) 925-0660 or use the online contact form to submit your questions.
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