Passaic Landlord-Tenant Lawyer, New Jersey

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Anthony F. Malanga

DUI-DWI, Landlord-Tenant, Legal Malpractice, Litigation
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Joseph A. DeFuria

Landlord-Tenant, Workers' Compensation, Corporate, Products Liability
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Robert Matthew Dipisa

Landlord-Tenant, Litigation, Workers' Compensation, Corporate
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LEGAL TERMS

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

EXCULPATORY CLAUSE

A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by t... (more...)
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.

COVENANT

A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are ... (more...)
A restriction on the use of real estate that governs its use, such as a requirement that the property will be used only for residential purposes. Covenants are found in deeds or in documents that bind everyone who owns land in a particular development. See covenants, conditions and restrictions.

RECORDING

The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Record... (more...)
The process of filing a copy of a deed or other document concerning real estate with the land records office for the county in which the land is located. Recording creates a public record of changes in ownership of all property in the state.

QUASI-COMMUNITY PROPERTY

A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired togeth... (more...)
A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired together in the non-community property state may be considered quasi-community property. Quasi-community property is treated just like community property when one spouse dies or if the couple divorces.

HOME WARRANTY

A service contract that covers a major housing system--for example, plumbing or electrical wiring--for a set period of time from the date a house is sold. The w... (more...)
A service contract that covers a major housing system--for example, plumbing or electrical wiring--for a set period of time from the date a house is sold. The warranty guarantees repairs to the covered system and is renewable.

MULTIPLE LISTING SERVICE (MLS)

A computer-based service that provides real estate professionals with detailed listings of most homes currently on the market. Much of the information can now b... (more...)
A computer-based service that provides real estate professionals with detailed listings of most homes currently on the market. Much of the information can now be obtained by the public through websites like www.realtor.com.

ESCHEAT

The forfeit of all property to the state when a person dies without heirs.

MECHANIC'S LIEN

A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.

SAMPLE LEGAL CASES

Daoud v. Mohammad

... He then entered 1093 judgment for possession in favor of the landlord. Based upon the foregoing, we conclude that defendant was deprived of a full and fair opportunity to be heard as a result of not having had a court-approved interpreter from the outset. ...

Reilly v. Weiss

... They contend that the judge 1) "misapplied" the Security Deposit Act, NJSA 46:8-19 to -26 (the SDA); and 2) erred in concluding their landlord, defendant Marc Weiss, had met "his burden of proof" regarding the costs of repairs required as a result of damage caused by plaintiffs ...

W9/PHC REAL ESTATE LP v. Farm Family Cas. Ins. Co.

... 519, 521, 719 A.2d 182 (App.Div.1998), certif. denied, 157 NJ 647, 725 A.2d 1128 (1999), where insurers for a landlord shopping center and a tenant supermarket disputed coverage regarding a fall by a customer of the tenant in the shopping center's parking lot. ...