Legal Question in Real Estate Law in New Jersey

Lease Validity

Is a lease that was signed by only one of two owners of the property a valid lease? The owners are in the process of a divorce, and the property is ordered to be sold by the court pursuant to a settlement of the divorce. Will the tenant have a right to remain in the premises under the lease upon the sale of the premises?


Asked on 6/21/00, 8:44 pm

2 Answers from Attorneys
Beverly Muller Beverly Sharps Muller, Esquire

Re: Lease Validity

i would like to look at the lease and any other paperwork that you have before i give you my opinion. feel free to call me at 609 263-0089 for a free consultation. good luck !!

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Answered on 9/01/00, 8:11 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Lease Validity

Tenants have rights that are controlled by the lease, but also have certain rights under the Landlord-Tenant laws of New Jersey. The lease would be valid even if signed only by one owner. Further, the general rule is that any purchaser of the property would be bound by the existing leases. Keep in mind, however, that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 8/31/00, 5:06 pm


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