In this post we examine New Jersey law governing a commercial tenant's rights in the context of a foreclosure suit filed by the landlord's mortgage lender. If you are a commercial tenant whose landlord is being sued in foreclosure, or a lender contemplating whether to name a tenant in a foreclosure suit then this post is a must read. A lease betwe...
EVICTION SECTION 8 TENANT NJ In a published decision issued on March 30, 2015, a Union County, New Jersey trial judge vacated the eviction of a Section 8 residential tenant finding that the landlord failed to serve a required pre-lawsuit default notice on the public housing authority responsible for subsidizing the tenant's rent. Winns v. Rosa...
A law enacted in 2010 called the New Jersey Foreclosure Fairness Act (“NJFFA”), found in N.J.S.A. 2A:50-69 to -71, offers valuable protections to residential tenants living in foreclosed properties. Specifically, new owners of a property acquired through foreclosure are required to serve residential tenants with a detailed written notice inform...
In an unpublished decision issued on May 21, 2013, a New Jersey appeals court held that a landlord was not entitled to evict his residential tenant, an 89-year old blind man with diabetes, because of the tenant's refusal to sign a new lease. Ochieng v. Bloss, Superior Court of New Jersey, Appellate Division, Docket No. A-0703-12T2. This decision...
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