Attorney’s fees

Some leases require a tenant to pay the landlord’s attorney’s fee if the landlord has to use a lawyer to take the tenant to court. If your lease has such a term, and the landlord takes you to court for eviction and wins the case, you will be responsible for paying a “reasonable” fee for the landlord’s attorney. Cite: Community Realty Management v. Harris, 155 N.J. 212 (1998); University Court v. Mahasin, 166 N.J. Super. 551 (App. Div. 1979).
Sometimes a landlord will demand attorney’s fees in an eviction action and seek to evict if the tenant cannot pay them. However, in order to do this:
There must be a written lease, and
The lease must state that attorney’s fees are “additional rent” or “collectible as rent.” If there is no written lease that describes attorney’s fees as “rent,” you cannot be evicted for failing to pay attorney’s fees. Cite: Community Realty Management v. Harris, 155 N.J. 212 (1998).
However, even if there is such a lease provision, the law may limit the amount of your rent due, and the landlord may not be able to evict you for failure to pay attorney’s fees. For example, a public housing authority cannot evict a tenant for nonpayment of attorney’s fees, even if the lease calls the attorney’s fees additional rent. Cite: Housing Authority of the City of Atlantic City v. Taylor, 171 N.J. 580 (2002); Hodges v. Feinstein, 189 N.J. 210 (2007). If you live in other housing that receives federal assistance, such as Section 8 housing, you should also argue that the amount of your rent is only what the housing agency handling your Section 8 says it is—that is, it is only the rent amount stated in your lease. Also, if you live under rent control, you should argue that the rent control ordinance limits your rent, and that adding in attorney’s fees as extra or additional rent would exceed the rent control limits. Cite: Housing Authority of the City of Atlantic City v. Taylor, 171 N.J. 580 (2002); Community Realty Management Inc. v. Harris, 155 N.J. 212 (1998); Ivy Hill Park Apartments v. Sidisin, 258 N.J. Super. 19 (App. Div. 1992).
In an eviction case, if the judge finds that you are responsible for paying a reasonable fee for the landlord’s attorney, you can be evicted if you do not pay that amount on the day of the hearing. Sometimes a landlord will ask a judge to evict a tenant even though the tenant paid the rent owed before the court date, but failed to include the attorney’s fees with the rent payment. If the landlord tries to do this, the tenant should argue that the landlord, by accepting rent, gave up or “waived” the right to evict for not paying attorney’s fees. Cite: Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116 (1967). However, it is up to the court to decide whether in fact the landlord did give this up. Therefore, it is always important to go to court unless the tenant obtains a statement in writing that the landlord is dismissing the case.For apartments in New Jersey go to Raritan Crossing. They are pet friendly apartments and New Brunswick NJ apartments. Rentals near Metropark and apartments in Middlesex county. For apartments in central NJ this is the place for you with Apartments in Middlesex County NJ. Raritan Crossing has apartments near metropark, apartments near Rutgers and apartments near Robert Wood Johnson. Central NJ Apartments. After a day of hard work you can relax in your luxury rental apartment and buy undergarments for yourself or your loved one online here. You can check out the women’s clothing undergarment blogs and shapewear here, here, here and here. For shapewear and it’s a great place to buy women’s undergarments