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Practice Area

Landlord-Tenant Law

Direct consultations in 한국어, 中文, and English — no interpreters.

Residential and small commercial landlord-tenant matters — evictions, lease enforcement, security deposits, habitability, and HOA disputes — for landlords and tenants across NJ and NY.

Call (201) 461-0031Request Free Consultation
4Attorneys
NJ · NYHousing Courts
EN · KODirect Communication

01 · Our Team

Four-Attorney Landlord-Tenant Team

Landlord-tenant matters require both rapid response and procedural rigor — from eviction filings, to security deposit disputes, to commercial lease enforcement. Song Law Firm’s team covers residential and small commercial properties for both landlords and tenants with Korean and English language capacity.

Joseph D. Song

Joseph D. Song

Founding Member

Admitted in NJ, NY, TX, GA. Counsels Korean-American landlords, tenants, and small businesses across landlord-tenant matters. Fluent in English and Korean.

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Howard Z. Myerowitz

Howard Z. Myerowitz, Esq.

Senior Associate Attorney

Former NJ Deputy Attorney General. J.D., Fordham. Litigates landlord-tenant matters and tries cases in Special Civil Part and Law Division.

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Joseph Cho

Won Eik (Joseph) Cho, Esq.

Associate Attorney

NJ and NY bar. Handles landlord-tenant disputes, residential evictions, and lease enforcement. Fluent in English and Korean.

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Stacey Jung

Stacey Jung, Esq.

Senior Associate Attorney

J.D., Cardozo School of Law. NJ and NY bar. Handles residential and small commercial lease, eviction defense, security deposit disputes. Fluent in English and Korean.

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02 · Practice Scope

What We Handle

Residential and small commercial landlord-tenant — both sides.

Residential Evictions

NJ Special Civil Part and NY Housing Court eviction proceedings — non-payment, holdover, and good cause filings. Required notices, court appearances, and writs of possession.

Eviction Defense

Habitability defenses, retaliation, discrimination, and improper service challenges. Negotiation of stays, payment plans, and move-out agreements for tenants facing eviction.

Lease Drafting & Review

NJ and NY-compliant residential and small commercial leases. Required disclosures, security deposit handling, late fees, attorney’s fees, option to renew.

Security Deposit Disputes

NJ Rent Security Deposit Act (RSDA) compliance, return demands, double damages for landlord violations, escrow accounting.

Commercial Lease Enforcement

Commercial lease drafting, breach claims, unlawful detainer (commercial), guarantor enforcement, rent acceleration.

Habitability & Repair

NJ warranty of habitability, NY warranty of habitability claims. Repair obligations, rent abatement, constructive eviction.

HOA & Condo Disputes

Assessment disputes, parking and common element issues, governing document interpretation.

Rent Increase & Decontrol

NJ municipal rent control compliance, fair market increase, rent leveling board hearings, post-occupancy adjustments.

03 · Critical Window

Timing Matters in Landlord-Tenant

Three timing windows that decide outcomes.

Notice Period

Eviction filings must follow statutory notice periods — NJ non-payment requires 3-day notice, NJ holdover requires 30-90 days depending on grounds. Filing without proper notice dismisses the case.

5-Day Answer (NJ)

Tenants served with an eviction complaint have 5 business days to file an answer in NJ Special Civil Part. Missing it allows default judgment for landlord.

30 Days (Deposit)

NJ landlords must return security deposit within 30 days of tenant’s surrender of possession with itemized deductions. Late returns face double damages.

04 · Results

Representative Outcomes

Selected landlord-tenant matters from both sides.

Commercial Lease Recovery

Recovered 14 months of unpaid commercial rent plus attorney’s fees for NJ shopping center landlord — judgment + post-judgment collection.

Eviction Defense — Habitability

Defeated NJ residential eviction on warranty of habitability grounds — tenant secured 50% rent abatement and stay pending repairs.

Security Deposit Recovery

Recovered double damages for tenant where NJ landlord failed to return deposit within 30 days — full deposit plus 2x penalty.

Holdover Resolution

Negotiated commercial holdover resolution — phased move-out with mutual release, avoiding litigation costs.

05 · Questions Answered

Common Questions

How long does an eviction take in NJ?
Non-payment eviction in NJ Special Civil Part typically takes 4-8 weeks from filing to warrant of removal if uncontested. Contested cases or those involving habitability defenses can extend 3-6 months.
Can I evict a tenant in NJ for any reason?
No. NJ Anti-Eviction Act limits eviction to enumerated grounds — non-payment, habitual late payment, lease violation, end of term (some properties), owner occupancy, and a few others. Month-to-month tenancies still require statutory grounds.
What is the warranty of habitability?
Implied obligation in every residential lease that the landlord maintain the property in habitable condition (heat, water, structurally sound, free from infestations). Breach allows the tenant rent abatement and/or repair-and-deduct.
How much security deposit can a NJ landlord charge?
NJ Rent Security Deposit Act caps deposits at 1.5 months’ rent. Deposits must be in an interest-bearing account and disclosed to the tenant. Must be returned within 30 days of surrender with itemized deductions.
What is a 3-day notice?
NJ Anti-Eviction Act requires a 3-day Notice to Quit (with explanation of grounds) for non-payment eviction before filing the complaint. The notice can be served by certified mail or personal service.
Can I withhold rent if the landlord doesn’t make repairs?
Generally NO — withholding rent risks eviction. The proper procedure is to demand repairs in writing, file a complaint with the Bureau of Housing Inspection, or in some cases pay into court pending resolution.
What is a guarantor?
Third party (often parent or relative) who personally guarantees rent obligations. Standard for many residential leases when tenant’s income is below 40x monthly rent. Guarantor remains liable even if tenant defaults.
How does NJ rent control work?
Rent control is municipal — only certain NJ towns have it (Fort Lee, Hoboken, etc.). Where it applies, annual increases are capped by ordinance and require rent leveling board approval for above-ordinance increases.
I am a small commercial tenant. Can I negotiate my lease?
Yes. Commercial leases are heavily negotiable — rent escalations, percentage rent, CAM charges, exclusivity, signage, assignment, default cure periods. Many small business owners accept landlord forms when negotiation could substantially improve terms.
How much does landlord-tenant counsel cost?
Routine evictions are typically flat fee. Defense work and commercial matters are hourly with retainer. Contingency arrangements possible for some security deposit recovery. Initial consultations are free.

06 · Service Area

Where We Serve

From Fort Lee headquarters across NJ Special Civil Part and NY Housing Court.

New Jersey

Fort Lee, Palisades Park, Englewood, Hackensack, Paramus, Closter, Bergenfield, Teaneck, Hoboken, Jersey City, Newark, Edison. NJ Special Civil Part landlord-tenant calendars.

New York

Manhattan, Queens (Flushing), Brooklyn, Long Island, Westchester. NY Housing Court (Manhattan, Bronx, Queens, Brooklyn, Staten Island).

Office: Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024.

07 · Recent Articles & Columns

Landlord-Tenant Articles

Recent columns on landlord-tenant law from Song Law Firm.

08 · Success Stories

Recent Landlord-Tenant Matters

Selected eviction, defense, and lease outcomes.

09 · Get in Touch

Resolve Your Landlord-Tenant Matter.

Free initial consultation. Direct counsel in Korean, Chinese, or English. Senior attorney on your matter from day one.

Call (201) 461-0031Request Free Consultation

Parker Plaza, 400 Kelby St, 19th Floor, Fort Lee, NJ 07024 · office@songlawfirm.com

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