We are now about four weeks into the COVID-19 crisis here in New Jersey and across the country. I hope you’re all healthy and safe. Today, we’re talking about how landlords are collecting rent from tenants. It’s important to balance the ability of landlords to collect rent with the sensitivity we...
This guide will discuss the defense of impossibility to breach of contract, in the context of the current pandemic. Introduction In the current climate, when businesses are shutting down and economy has come to a staggering halt, many business owners are left wondering whether they are obligated to...
A force majeure clause in a contract may excuse a party’s performance if there is an unpreventable occurrence that disrupts contract performance. The COVID-19 pandemic may be such an occurrence as well as many of COVID-19’s affects. For any of these events to trigger force majeure, however, they...
A concise but not exhaustive legal analysis of the eviction moratorium ordinance enacted in Santa Clara County, California effective 3/24/2020. Similar or identical to such ordinances in the San Francisco Bay Area. INTRODUCTION This is a legal analysis of Santa Clara County Ordinance NS-9.287,...
A force majeure clause discharges certain contractual obligations upon the occurrence of a force majeure event. What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. What is Force Majeure? A force majeure event is an occurrence...
Can performance of a contract be excused due to inability to perform the terms of the contract as a result of the shelter-in-place orders in the wake of the COVID 19 pandemic? Introduction During these times of uncertainty in the business sector, issues pertaining to contractual obligations are...
Both landlords and tenants are suffering major losses due to the impact of COVID-19. Forced closures of businesses have put a strain on many tenants, preventing them from being able to satisfy their obligations under their leases. FORCE MAJEURE Landlords and tenants under commercial leases are now...
California Governor Newsom issued an executive order on March 27, 2020 to impose a statewide moratorium on evictions. If you cannot pay your usual rent, the good news is that you cannot be evicted for now for not being able to pay. You have to follow the rules of the Governor’s executive order to...
A brief overview of how filing bankruptcy can help you get a fresh financial start. The Process Article I, Section 8 of the United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies." Under this grant of authority, Congress enacted the Bankruptcy Code in...
This is the first installment of our guide to defeating motions for summary judgment made by foreclosing banks in New York residential foreclosure cases. The purpose of a bank's motion for summary judgment is to obtain a judgment of foreclosure without giving the homeowner the benefit of a trial....
After you list all your options and you finally decide that enough is enough and you want to file for bankruptcy, it is best to know the things that go on your behalf and against you, so you will not have troubles that can hurt your bankruptcy case. Do: Tell your Lawyer Everything Even if it is...
Whether you are filing with an attorney or proceeding pro se, these are some helpful tips to gather information that will better prepare your case for filing. File Your Taxes It is a requirement that you provide your trustee, no less than seven days before your creditor meeting, with copies of your...
Whether you are purchasing a home or have lived in your home for years, it is always recommended to obtain a Survey on your Property. The following are a few reasons for having a Survey completed: RIGHTS OF WAY AND EASEMENTS A Survey will determine whether any rights of way and/or easements are...
Reasons why you need an Expungement of your old North Carolina Convictions 1. Employment & Professional Licensure Employment is probably the most significant area affected by a criminal conviction. Employers often perform criminal background checks on potential employees and are more likely to...
A person who holds adverse possession of another person's land for a sufficient period of time becomes the legal owner of that land. Each state has slightly different rules that determine whether title has transferred through adverse possession. This guide is based on the law in Washington State....
Steps to be taken before you see a lawyer about a boundary line dispute. Step one - investigate the features on the ground. When you learn a neighbor disputes the location of a common boundary with your property start your investigation by searching for survey markers, metal rods in ground, and any...
How can I protect myself in a real property purchase? If you are a real property owner, you should protect yourself by purchasing a good liability insurance and title insurance policy insurance. In addition, prior to taking interest or possession of property you should be aware of: (1) any zoning...
I have read about people moving into empty homes and living there for months or longer until discovered – but I came upon it first-hand this past month. I was accompanying a real estate broker (I have a financial interest in this brokerage) for a view of a new listing the broker received. The home...
Viewed from a personal perspective rather than collectively as a couple, comparing the amount of wealth and assets once shared in marriage relative to what will be your share after asset division can be daunting. What was once thought sufficient to maintain a happy relationship and comfortable...
People often do not realize that in the legal world, “disability" is a term of art, with a very specific meaning. In fact, it has several different specific meanings, depending on the context. “Disabled" has one meaning for the purposes of the Americans with Disabilities Act, another for the...
