Legal Question in Landlord & Tenant Law in New Jersey

Assignment of Rents

Our old commercial landlord (OL) sold the building to the new landlord (NL) on November 8th, and instructed us that effective December 1st to pay future rents to NL. On 11/15 NL filed a Complaint in LT court for non-payment of November rent. Went to court and NL at the time of court presented an assignment of rent from OL for November, Judge ruled in their favor. We are in the process of appealing the matter because there was no Assignment of the Lease and the Lease clearly shows only OL name, and the assignment was only presented that day and couldn't be authenticated. Does anyone know the procedures in which an assignment of rent from one landlord to a new landlord after property sale must be followed? Are there certain forms, documents, notaries, etc. that must be done? Was the assignment to be served on us prior to filing a complaint so that we would have evidence that the sale/assignment was truthful? Desperate for answers. Thank you. Happy New Year.


Asked on 1/04/07, 5:02 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Assignment of Rents

I am not sure that I understand the judgment of the L/T court. I would think that if you showed that you paid the rent to the entitly known to you to have the power to collect it, that would have prevented an eviction. Without understanding the judge's logic, there is not much that I can tell you. If you would like to discuss the matter further, please call.

I think that it is important that you consult a lawyer on this matter. You mentioned that you have an appeal in process. If there is not an included claim or a separate suit against your previous landlord in one form or another then you are in danger of losing your lease and your money. This is not a simple landlord/tenant matter and you should not be representing yourself.

If I can help, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 1/05/07, 1:10 pm


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