Commercial and Landlord/Tenant Law
The attorneys of Greenberg, Walden & Grossman LLC have extensive experience in commercial and residential landlord/tenant matters. Disputes sometimes arise between landlords and tenants, which are often avoidable if proper legal assistance is obtained. Our attorneys have represented apartment building owners, condominium associations, co-op boards, management companies, and tenants in a variety of landlord/tenant issues, including:
- Preparing and evaluating residential and commercial leases;
- Filing complaints for failure to pay rent;
- Preparing eviction suits;
- Obtaining recovery for damage to property by the tenant;
- Tenant's continued disorderly conduct;
- Failure of landlord to make necessary repairs; and
- Breaches of lease terms and conditions.
Background on Filing Landlord/Tenant Complaints
The Special Civil Part of the New Jersey Superior Court is a court of limited jurisdiction that deals with landlord/tenant cases, special civil lawsuits of up to $15,000, and small claims lawsuits of up to $3,000. It handles many landlord/tenant matters, such as failing to pay rent and breaches of lease agreements.
If you are a landlord and you are considering whether to file a complaint against a tenant, it is important to consult an experienced attorney who is familiar with landlord/tenant law; prior to filing a complaint, a landlord must give the tenant notice in writing to stop the specific conduct in question. It is only when the tenant continues to engage in the prohibited conduct even after receiving such notice, that a landlord can take steps to evict the tenant. An attorney can assist you with evaluating the merits of your case and if appropriate, file an eviction suit in court.
Substantiating Claims
Once a complaint is filed, the allegations in the complaint must be substantiated or proven with evidence. Our attorneys will assist you in gathering the relevant evidence to support your claims or defenses, whether you are a landlord or tenant. Evidence is gathered from witnesses who are familiar with the circumstances of the case, lease agreements, bills, dishonored or cancelled checks, letters, photographs, notices from the landlord, and any other supporting documents. Therefore, if you are concerned that you will be confronted with a lawsuit, or if you are considering filing a landlord/tenant-related case, it is important to preserve documents related to your case.
To ensure that your interests are protected, it is critical that you consult with an attorney experienced in landlord/tenant law before you file or defend against a claim. Having handled many landlord/tenant matters in the past, our attorneys recognize ways parties can avoid potential problems through well-drafted leases, and how to pursue claims and defend against them if disputes ultimately arise.
Chancery Division
The New Jersey Chancery Division has three components—an equity part, probate part, and family law part. The Chancery Division is responsible for cases where the individual is seeking an equitable result, not a monetary one. Our attorneys are familiar with the rules and procedures of the Chancery Division system, and have helped our clients obtain favorable results.
Below are some of the types of cases our attorneys handle in the Chancery Division:
- Enforcing or defending against the performance of contracts;
- Correcting instruments that are lost or incorrectly drafted;
- Setting aside transactions found to be fraudulent or illegal;
- Foreclosures on mortgages;
- Filing writs of attachment; and
- Stopping actions that will cause irrevocable harm on a particular party.
If you have a matter that needs to be adjudicated in the Chancery Division, or a landlord/tenant-related matter, consult the attorneys of Greenberg, Walden & Grossman LLC. Our attorneys have the expertise, experience, and concern to represent you effectively.
