Legal Question in Real Estate Law in New Jersey

Rent Withholding Requirements

I am in the process of evicting tenants for habitual late payment and non payment of rent. Their rent was due on January 1st. In an attempt to justify their non payment and avoid eviction, they sent me a bogus letter on the 17th of January saying that they were withholding the January rent due to a problem with the heat(if there really is a problem, I have no problem sending someone over to repair it). They certainly haven't met any requirements for rent withholding. I am curious to find out what the actual requirements are for a tenant to withhold rent, specifically with regards to landlord notification, the length of time they would have to wait to withhold rent after notifying a landlord and any requirements the tenant has to put the rent money into an escrow account.


Asked on 1/18/03, 7:24 pm

1 Answer from Attorneys

Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Rent Withholding Requirements

We can assist you. We have offices in Newark, New Jersey and New York City. We have 8 attorneys and asupport staff of 8. We represent numerous builders, real estate developers,owners, contractors, architects, condominium associations, property managementcompanies as well as the United States Department of Housing and UrbanDevelopment. We also represent the United States Department of Justice inforeclosure matters in New Jersey. HUD has also named two of our firm'sattorneys Foreclosure Commissioners.

Our firm�s attorneys offer a widerange of background and experience in other aspects of law including business,tax, corporate, estate planning, municipal court matters, and litigation.

We maintain the Preeminent AV rating whichis the highest rating designation proffered by the Martindale-Hubbel legalorganization. This rating has only been obtained by approximately 5% of the lawfirms throughout the United States.

We are compensated at an hourly rate thatvaries depending on the current rate of the attorney performing services. Generally, our rates are between $160-$225per hour depending on which attorney works on your case.

You are also responsible for the costs andexpenses incurred in the performance of our services. These may include court filing fees, postage, photocopies, tolltelephone calls, travel, and other expenditures made on your behalf. Our bills are submitted monthly and thepayment is due upon your receipt. Payments made after 30 days incur an interest charge of 12% per annum. We welcome candid inquiry concerning ourcharges and always do our best to complete our work in a minimal amount of time.

Warmest Regards,

Bruce E. Gudin, Esq. E-Mail at [email protected]

Telephone (973) 643- 0040 x-104++++Fax (973) 596-1781

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Answered on 1/20/03, 10:46 am


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