Wednesday, January 20, 2016

The Abandoned Property Dilemma: New Jersey Landlord-Tenant FAQs

by C. Gavin Oppermann, Esq.

An oft neglected issue at the termination of a tenancy: What is the proper way to handle a tenant's personal belongings after they have turned over possession?

New Jersey has established strict rules (with minor exceptions for commercial tenancies) under N.J.S.A. 2A: 18-72 et seq. (hereinafter "the Act") on what the duties of a landlord are with respect to tenants belongings after termination of the tenancy.

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Thursday, December 17, 2015

Landlords' Guide to the Eviction Process in North Carolina

by Peter D. Isakoff, Esq.

As a landlord, taking a tenant to court can be a confusing and daunting process. A common reason landlords take tenants to court is when tenants default on leases by not paying rent. North Carolina law, specifically N.C. General Statute Chapter 42, provides a detailed, multi-step process for these types of cases in North Carolina.[1] The law spells out what must be done to legally remove residential tenants in North Carolina and prohibits landlords from using self-help.

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Monday, December 8, 2014

Abandoned Personal Property: Does a Landlord's Lien Help?

by William P. Ayers, Esq.

A nonresidential tenant's eviction or abandonment can create many questions for landlords. As one example, many landlords wonder what to do with the equipment, desks, filing cabinets and other property that fill a commercial space.

What can (or should) the landlord do with personal property that the tenant leaves behind following an eviction or actual abandonment of the premises?

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Wednesday, August 13, 2014

Pennsylvania Law Now Addresses What to Do with Tenants' Abandoned Property

by Kimberly J. Kisner, Esq.

One common question that landlords, property managers, and the lawyers who represent them face is this: What can landlords legally do with personal property that a tenant has left behind?

Until the passage of Pennsylvania Act 129, landlords faced a gray area when considering how long to hold or store a tenant's personal property after a move-out or eviction. Pennsylvania Act 129, effective September 5, 2012, resolves this uncertainty by providing bright-line rules regarding the abandoned property of tenants.

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Thursday, June 19, 2014

When Is a Tenant's "Abandonment" Really Abandonment?

by William P. Ayers, Esq.

Consider this factual scenario. You represent a landlord of a nonresidential property, a shopping center, and your client informs you that one of his tenants, who is current on the rent, but has been struggling for some time to pay the monthly rent, met with the property manager yesterday and told the manager that he was closing his business. Your client tells you that the property manager also learned that

  1. tenant's vendors were told to come and pick up their inventory and equipment,
  2. tenant informed his employees not to come back to work, and
  3. the tenant posted a sign on the premises notifying customers that the business was closed, and today the manager confirmed that the premises were locked and "dark."
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Tuesday, December 3, 2013

Streamlining the Summary Ejectment Process: Changes in the North Carolina General Statutes Should Benefit Landlords

by Starling B. Underwood III, Esq.

Changes to Chapters 7A and 42 of the North Carolina General Statutes went into effect recently. It is clear from the title of House Bill 802 (2013 N.C. HB 802) that the intent of the General Assembly was to accelerate the eviction of residential tenants throughout the state.

Although House Bill 802 as enacted is a "watered down" version of the bill as originally proposed, it shows there is a willingness by the General Assembly to aid landlords in the eviction process rather than add more protection for the tenant.

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