Legal Question in Real Estate Law in New Jersey

commercial dispossession

i own a commercial property which i rented out on a yearly basis. after 3 months the company i rented to stopped paying rent. this went on for 4 months & then i took them to court. i won & got a dispossession judgement (the tenant never showed up at court.) Two weeks later the tenant called me up & offered to pay the whole judgement amount & prepay the rest of the yearly rent in 2 weeks.

i gave them this opportunity, howver they didn't come through.

the tenant has all their corporate assets in my building & i have a tenant that is ready to move in. my attorney told me i could rent the property, but i can't remove the previous tenants belongings. the new tenant wants the building empty. what do i have to do to be able to throw out or sell the previous tenants belongings, & how long does it take. i signed a lease with the new tenant beginning december 15, 2008 & he wants the building empty.


Asked on 12/03/08, 11:19 am

2 Answers from Attorneys
Miriam Jacobson Retired from practice of law

Re: commercial dispossession

you should check back with your attorney.

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Answered on 12/03/08, 1:05 pm
John Corbett Corbett Law Firm LLC

Re: commercial dispossession

If you ask, your lawyer will probably tell you that the rules for lockout and retention of property are different between commercial and residential rentals. I am guessing that your circumstances permit you to lock out the tenant and remove the property. You can also probably sell it for credit to the tenant's account. Check with your lawyer to be sure.

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

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Answered on 12/03/08, 5:57 pm


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