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.


Asked on 11/15/07, 11:43 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

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.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Read more
Answered on 11/15/07, 12:28 pm
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

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.

Read more
Answered on 11/15/07, 12:41 pm
Gary Moore Gary Moore Attorney At Law

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

Read more
Answered on 11/15/07, 4:30 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New Jersey