Legal Question in Landlord & Tenant Law in New Jersey
I did not have a good month, not knowing my tenant/Dentist went from Chapter 11 to Chapter 7 on March 11th of this year. The state appointed lawyer came to my office and gave me the keys to the unit. Of course the dentist did not pay for the month of March his rent. I do have his deposit.
I have this problem, there is another dentist, a friend of mine, that would like to start right away so as to not loose the customers this previous dentist had. The previous dentist left behind many leased equipment in the office that has not been paid off. Most of these equipment are about four years old. Equipment such as the wall units x-ray, 3 dental chairs and a 3 d x-ray machine as well as a laser. The previous dentist took the records with him and about week later brought them back to the office as instructed by the state attorney. I think they are trying to sell the practice for $290,000, but the current dental broker has not even shown the practice to anyone.
My question is how long can the state hold my place until I can re-rent it? Can my friend, the dentist, start working tomorrow if I allow it? How does the law protect me, the tenant? and finally, if the state is trying to recoup as much money as they can for the creditors ( the dentist owes approximately: $1.3 million dollars), should the state pay the rent owed for March and what about April's rent?
Thank you all for your help on this matter.
1 Answer from Attorneys
You need to have an attorney file an application with the Bankruptcy Court in order to allow you to recover lawful possession of the premises now. I file these applications regularly.