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Management Company Not Allowing Move in of Renter - Not a Co-Op

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  • 04-14-2020, 04:12 PM
    kpark1996
    Management Company Not Allowing Move in of Renter - Not a Co-Op
    My question involves landlord-tenant law in the State of: New Jersey

    Hi - I recently found a renter for my place who wants to move in on May 1st. It is part of a condominium complex but it is not a coop.

    The management company is saying they are not allowing move ins and move outs because of Covid. This is their email to me - "There are no move ins or move outs at this time. The decision of the Board is based on the restrictions prohibiting non essential work by the Governor of the State of New Jersey not the Board or Management and you do not have a CCO with an inspection."

    First of all, isn't real estate still considered essential work?

    Second - can they actually do this? It is not a coop.

    The CCO can be obtained well before the move in. Also, I have a signed lease and checks from the tenant that I will not be able to proceed with unless he can move in. What should I do if they continue to block the move? Please advise - thanks!
  • 04-15-2020, 06:09 AM
    flyingron
    Re: Management Company Not Allowing Move in of Renter - Not a Co-Op
    You'd have to check the condo articles and bylaws to see what requirements there are. Just because it's not a co-op doesn't mean that they can't restrict property use.
  • 04-15-2020, 08:21 AM
    llworking
    Re: Management Company Not Allowing Move in of Renter - Not a Co-Op
    Quote:

    Quoting kpark1996
    View Post
    My question involves landlord-tenant law in the State of: New Jersey

    Hi - I recently found a renter for my place who wants to move in on May 1st. It is part of a condominium complex but it is not a coop.

    The management company is saying they are not allowing move ins and move outs because of Covid. This is their email to me - "There are no move ins or move outs at this time. The decision of the Board is based on the restrictions prohibiting non essential work by the Governor of the State of New Jersey not the Board or Management and you do not have a CCO with an inspection."

    First of all, isn't real estate still considered essential work?

    Second - can they actually do this? It is not a coop.

    The CCO can be obtained well before the move in. Also, I have a signed lease and checks from the tenant that I will not be able to proceed with unless he can move in. What should I do if they continue to block the move? Please advise - thanks!

    They cannot stop people from moving out. That would be kidnapping. As far as people moving in are concerned, follow the advice that you have already received to check your condo articles and bylaws.
  • 04-15-2020, 08:27 AM
    flyingron
    Re: Management Company Not Allowing Move in of Renter - Not a Co-Op
    Quote:

    Quoting llworking
    View Post
    They cannot stop people from moving out. That would be kidnapping. As far as people moving in are concerned, follow the advice that you have already received to check your condo articles and bylaws.

    They can't keep the people from leaving, but they can certainly hold the owner in violation if the articles/bylaws restrict moving in/out or prohibiting vacant units. They can probably also block people from moving furnishings in and out (not an uncommon item in condo bylaws restricting when moves can happen).
  • 04-15-2020, 08:40 AM
    adjusterjack
    Re: Management Company Not Allowing Move in of Renter - Not a Co-Op
    Quote:

    Quoting kpark1996
    View Post

    The management company is saying they are not allowing move ins and move outs because of Covid. This is their email to me - "There are no move ins or move outs at this time. The decision of the Board is based on the restrictions prohibiting non essential work by the Governor of the State of New Jersey not the Board or Management and you do not have a CCO with an inspection."

    First of all, isn't real estate still considered essential work?

    Not in your context. The world will get along quite well without you renting out your condo.

    Quote:

    Quoting kpark1996
    View Post

    Second - can they actually do this?

    Obviously they CAN do it because they ARE doing it. Until a judge says they can't.

    Quote:

    Quoting kpark1996
    View Post

    The CCO can be obtained well before the move in. Also, I have a signed lease and checks from the tenant that I will not be able to proceed with unless he can move in. What should I do if they continue to block the move?

    Seems to me you have limited choices.

    1 - Obey and give your prospect his money back and cancel the lease, giving the same reasons as you got.
    2 - Disobey, move your tenant in, expect consequences.
    3 - Hire a lawyer now in the hope that he can get the board to back off in fear of litigation.
  • 04-15-2020, 09:36 AM
    pg1067
    Re: Management Company Not Allowing Move in of Renter - Not a Co-Op
    Quote:

    Quoting kpark1996
    View Post
    First of all, isn't real estate still considered essential work?

    That doesn't even make sense. Real estate is not "work" (essential or otherwise). In any event, like most (if not all) states, New Jersey has set up a website where you can find out what restrictions have been put in place.


    Quote:

    Quoting kpark1996
    View Post
    Second - can they actually do this? It is not a coop.

    I agree with the others that this depends what the CC&Rs/bylaws. You have (or should have) a copy; we don't.
  • 04-15-2020, 09:52 AM
    Harold99
    Re: Management Company Not Allowing Move in of Renter - Not a Co-Op
    Quote:

    Quoting pg1067
    View Post
    Real estate is not "work" (essential or otherwise).

    Really?

    Quote:

    Quoting pg1067
    View Post
    I agree with the others...

    Isn't that a surprise?

    There have been six moving line trucks on my street over the last month (3 in and 3 out) and I have an HOA. I'd like to see my HOA try to legally or physically try to stop it.

    If my HOA told me I couldn't rent, lease or sell my house during the shutdown I'd laugh in their faces.
  • 04-15-2020, 02:40 PM
    Taxing Matters
    Re: Management Company Not Allowing Move in of Renter - Not a Co-Op
    Quote:

    Quoting Harold99
    View Post
    Really?

    Well, yes, really. pg1067 was being quite literal. Real estate is land and the permanent structures attached to it. So real estate itself is not work, though of course real estate management would be work, including the work for the OP involved in leasing his/her real estate interest to his/her tenant.
  • 04-15-2020, 02:56 PM
    Harold99
    Re: Management Company Not Allowing Move in of Renter - Not a Co-Op
    Quote:

    Quoting Taxing Matters
    View Post
    Well, yes, really. pg1067 was being quite literal. Real estate is land and the permanent structures attached to it. So real estate itself is not work, though of course real estate management would be work, including the work for the OP involved in leasing his/her real estate interest to his/her tenant.

    So what is your point? That he is right and wrong?

    Oh, and the broad term 'real estate' is not limited to "land and the permanent structures attached to it." My wife works in 'real estate' and she is not a piece of land or a structure.

    Your statement is as ridiculous as saying that "construction" only pertains to the guy swinging the hammer and nobody else.

    This site has been taken over by trolls which are amusing to follow...watching some pretend to be trial lawyers.
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