Category: Real Property Law

Karlsson v. Vaynshetyn

LIABILITY; GUESTS—Where a guest is aware of a dangerous condition or by reasonable use of the guest’s facilities would observe it, the host is not liable.

• Opinion Date: May 31, 2001

LVP Associates, L.L.C. v. Women’s Health Care Group

LEASES; SUCCESSORS—Where it is undisputed that the current tenant at a property is the successor to the business of the tenant actually named on a lease, the new tenant will be bound by the lease.

• Opinion Date: October 31, 2001

Yi v. Re/Max Fortune Properties, Inc.

LEASES; SECURITY DEPOSITS—There is no de minimis exception to the requirement that a residential landlord return its tenant’s unused security deposit within 30 days.

• Opinion Date: April 11, 2001

In the Matter of the Application for a Rental Increase at Zion Towers Apartments (HMFA #2)

LEASES; RENTAL ASSISTANCE—The New Jersey Mortgage Finance Agency acts only in an advisory role with respect to HUD decisions concerning allowable rent increases; consequently a court will not review the Agency’s advice because that advice does not constitute a final agency action.

• Opinion Date: October 29, 2001

United Property Owners Association of Belmar v. Borough of Belmar

LEASES; REGULATIONS—A shore community with proven problems arising out of short term seasonal rentals has wide latitude in regulating such rentals and such regulation need not apply equally to year-round rentals.

• Opinion Date: July 16, 2001

Walsh v. Home School Realty

LEASES; PARKING LOTS; LIABILITY—A lease need not expressly state that a tenant has exclusive possession and control of its premises for a landlord to be absolved of liability for a fall on snow or ice if the tenant actually has such exclusive possession and control.

• Opinion Date: February 13, 2001

Farkas v. Sud

LEASES; NOTICE—Where a lease conditions an outcome on the occurrence of a defined event, there is no implied requirement that one party gave the other party notice of that event.

• Opinion Date: October 18, 2001

RJS Corporation v. Sprint Spectrum, L.P.

LEASES; MITIGATION—Where it is unclear whether a new lease made after an earlier tenant’s default would have constituted a possible second, independent tenancy had the earlier lease not been terminated, the new lease is to be treated as one in mitigation of a landlord’s damages under the defaulting tenant’s lease.

• Opinion Date: May 10, 2001

Schmeisser v. Greenbrook Office Park Associates, Ltd.

LEASES; LIABILITY; INSURANCE—Although the indemnification provisions of a lease might not require a tenant to indemnify its landlord for a particular incident, the lease’s insurance provision might still require the tenant to provide insurance coverage.

• Opinion Date: January 25, 2001

Lauzon v. Mercer Mutual Insurance Company

LEASES; LIABILITY—A person injured by tripping on sidewalk doors leading to a tenant’s basement may make a claim against the tenant if it can be implied that the doors are part of the leased premises.

• Opinion Date: October 26, 2001