Author Archives: Alexander Mouravski

Limited Liability Company (LLC) Derivative Action – Part 2

Welcome to Part 2 of The Jayson Law Group LLC’s discussion of the Revised Uniform Limited Liability Company Act’s (“RULLCA”) derivative action laws.  In Part 1 of this series we gave a scenario of a member of Widget LLC having an issue with how management of Widget LLC was handling a particular situation with Doodad LLC.  We discussed what a derivative action is, and the requirements for that member to bring a derivative action.

In today’s post we are going to discuss who the proper plaintiff is in order to bring a derivative action.  We will also discuss what must be included in a pleading for a derivative action in New Jersey.  Continue reading

Limited Liability Company (LLC) Derivative Action – Part 1

The Jayson Law Group LLC discussed in a previous post that New Jersey adopted the Revised Uniform Limited Liability Company Act.  We also had a three part series on the new derivative suit law regarding corporations (Part 1, Part 2, and Part 3).  In today’s blog post The Jayson Law Group LLC is going to discuss the Revised Uniform Limited Liability Company Act’s derivative action provisions.  To do that we are going to examine 42:2C-68 through 42:2C-27 of the Revised Uniform Limited Liability Company Act Continue reading

What to do with an Evicted Tenant’s Abandoned Property in New Jersey

In our last blog post discussing Landlord-Tenant Law The Jayson Law Group LLC examined the first statute of The Abandoned Property Act (“the Act”).  We created a hypothetical for the Landlord, and will look at what the Landlord should be doing with the abandoned property.  If you have not read it we suggest you read it to know the example which the rest of this series is referencing. In this post we examine the next two statutes in the Act.  Now let us take a look at the notice requirements of The Abandoned Property Act.  Continue reading

The Post Eviction Process: What to do with Your Tenant’s Abandoned Property – Part 1

You are the Landlord.  You went through the court system, and you received a judgment for possession from the court.  You filed the appropriate paperwork with the court.  You filed your warrant for removal along with the Landlord certification.  The Court Officer served an eviction notice on the premise, and you received possession of the property either by the Court Officer or through the Tenant voluntarily giving up possession of the property.  As you begin to walk through your property you notice that the Tenant left their personal property in the house.  You remember the judge stating that anything the Tenant leaves behind is abandoned property and becomes the property of the Landlord.  So, as the Landlord, what can you do with this property?  Continue reading

Rights of the Tenant: The Constructive Eviction Defense

In our last post, The Jayson Law Group LLC created a scenario between a Landlord and a Tenant where the relationship between the two parties soured as the conditions of the Tenant’s rented dwelling deteriorated. Here is a refresher of the scenario:

A Tenant rents a dwelling from a Landlord. The term of the lease is for one (1) year with a rental amount of $1,500.00 per month due on the first of the month. For the first five months of the lease everything is going fine. The Tenant makes the monthly payments on time. If there is an issue with the dwelling, then the Tenant notifies the Landlord and the Landlord fixes the issue in a timely manner.  Continue reading

Rights of the Tenant: The Habitability Defense

The Jayson Law Group LLC serving landlords in New Jersey  is going to examine the differences between the defenses of Habitability versus Constructive Eviction.  This post will look at the habitability defense, our next post will look at the constructive eviction defense.  Both posts will use this example below:

A Tenant rents a dwelling from a Landlord. The term of the lease is for one (1) year with rent equaling $1,500.00 per month due on the first of the month. For the first five months of the lease everything is going fine. The Tenant makes the monthly payments on time, if there is an issue the Tenant notifies the Landlord and the Landlord fixes the issue in a timely manner.  Continue reading

New Jersey Legislature Rewrites Shareholder Derivative Suit Law – Part 3

Welcome to Part 3 in The Jayson Law Group LLC’s look at the new derivative suit law passed by the New Jersey legislature.  Part 1 looked at the requirements placed on shareholders to bring a derivative suit.  Part 2 looked at the court’s involvement in the derivative suit.  Part 3 will be examining which shareholders can bring a derivative suit by reviewing N.J.S.A. 14A:3-6.8.

Section N.J.S.A. 14A:3-6.9 makes N.J.S.A. 14A:3-6 et seq applicable to any action brought in state or federal court if the corporation made them applicable through its articles of incorporation. Continue reading

New Jersey Legislature Rewrites Shareholder Derivative Suit Law – Part 1

A Shareholder derivative suit occurs when a shareholder of a corporation brings suit against that same corporation.  A shareholder brings a derivative suit when the shareholder or shareholders are attempting to prevent or remedy a perceived wrong committed by the corporation.  On April 1, 2013 New Jersey updated its Shareholder Derivative Statute when Governor Christie signed New Jersey Assembly Bill A3123, codified as N.J.S.A. 14A:3-6 et seq.  The Bill went into effect upon its signing. Continue reading

New Jersey Legislature Trying to Make Landlord Responsible for Tenant’s Legal Expenses

A Landlord trying to evict a Tenant in New Jersey knows it is a difficult process.  If the New Jersey State Assembly and State Senate have their way it could also become more expensive.  The Bill being referenced is a proposed supplement to Title 2A of the New Jersey Statutes, Assembly Bill A3851 and Senate Bill S2018.  Most recently, the Senate Bill replaced the Assembly Bill and is now the one both houses of the legislature are using.

What Does the Bill Say?

The Bill itself is to level the playing field when it comes to cost of attorneys fees and expenses in disputes between New Jersey landlords and tenants.  If this bill is adopted, courts are to imply that a parallel covenant exists:  Continue reading