Legal Question in Environmental Law in New Jersey

Base on article 1 tallgrass ; weed,191-1 say;it shall be unlawful for any owner, lessee,agent or tenant of lands in the town of Phillipsburg to permit any growth of grass in excess of eight inches in height or any growth of ragweed,poison ivy,poison sumac and all other plant or vegetable growth that may affect the health of residents . Mention that tenant could be responsible for this violation and with rental property registeation statment clearly say that the tenant is resposible to mow the lawn also in side the lease. I got a summon for violation of not cut the lawn,As a landlord I plea not guilty. Do you think how much chance to win in trail in municipal court in Phillipsburg nj?

Asked on 8/31/13, 4:25 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC
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A person cannot delegate their legal responsibilities. Assuming that the ordinance is otherwise valid, the landlord/owner shares responsibility with the tenant and can be independently cited for violation. In a well-drafted lease, you could have cut the grass and charged the tenant as additional rent. You may also be able to claim that the tenant is in breach of the lease and evict them. However, you can't escape responsibility for the condition of the land by blaming the tenant.

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Answered on 8/31/13, 6:28 am

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