Legal Question in Landlord & Tenant Law in New Jersey
Commercial Lease
The Commercial Tenant is breaking lease on which he still has two years left without prior notice. he just called me and said that he will close the store because of the family despute. however he is still operating as usual.
What is my recourse. Can I paclock the door.
3 Answers from Attorneys
Re: Commercial Lease
Please, please contact an attorney. Padlocking may cause, maybe, cause you to be sued and owed this tenant thousands of dollars.
Get an attorney to assist. Your store is a Moto-Photo in or near Ridgewood, I think. This is not something you want to do on your own.
You will want to try to get as much money from the tenant as possible; you will want to look over the personal guarantees (you got personal guarantees?), and you will want to get the tenant OUT as soon as that can be done if they are in fact shutting down. A vacant store does you no good.
Call if you like; I never charge for a first phone call. I also happen to live in the immediate area, and am pretty familiar with what I think is your tenant's store.
You can then decide how you would like to proceed.
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Re: Commercial Lease
You have the right to enforce the terms of the lease contract, however should your tenant vacate prematurely, you have an affirmative legal obligation to mitigate your damages by attemting to re-let the premises. Also, if there is persoanl property left behind, you must comply with the NJ Abandoned Property Act. Consult an attorney and do not attempt these things without competent counsel.
Re: Commercial Lease
If he has not paid the rent you must file a complaint with Landlord/Tenant
Court to evict your tenant.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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