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An occasional review of fascinating matters in New Jersey law – by Justin Marcus Smith

File: Landlord / Tenant – Common areas liability

A recent unpublished (therefore, non-precedential) Appellate Division decision, Herz v. 141 Bloomfield Ave. Corp. (App. Div. 2015), illustrates a typical flashpoint between landlord and tenant, especially commercial landlords and tenants: Who is responsible for what kind of maintenance to the property? The tenant sued the landlord for “lost profits,” alleging that the landlord had permitted […]

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The U.S. Court of Appeals for the Third Circuit recently predicted that New Jersey would not impose a duty on an individual commercial tenant for a dangerous condition in a common area, at least not where the commercial landlord had agreed to exercise maintenance responsibilities.

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