The New Jersey State Police 32nd annual domestic violence offense report of 2014 states that 62,055 domestic violence offenses were reported by the police in 2014. That same report shows that children were involved or were present during 29% of all domestic violence offenses.
Anyone in an abusive relationship can feel trapped not only emotionally, but physically. What can a domestic violence victim who is also a tenant do to get out of the lease and move to a safer location?» Read More
As I may have mentioned or alluded to in previous posts, commercial landlords are not free to simply evict a tenant once the tenant does something in violation of the lease. At a minimum, in those instances where the tenant has failed to pay rent, a landlord must file a summary dispossess complaint. In cases of defaults other than for the nonpayment of rent, a Notice to Quit and Demand for Possession must first be served on the tenant and the quit date must pass before an eviction complaint may be filed.» Read More
One of the negotiating points of any lease deal is whether the tenant will personally guarantee the lease. Many small start-up businesses are quickly formed with little capital. If the tenant’s business fails, the landlord is left to try and relet the space and maybe pursues the tenant for damages. I say “maybe” only because in many instances pursuing the breaching judgment-proof tenant is an exercise in futility.» Read More
In an unpublished decision, issued on November 7, 2011, by New Jersey’s Appellate Division, the importance of drafting a notice to quit in accordance with the law is highlighted. In Sanguiliano v. Walker, 27-2-4205 App. Div., Plaintiff’s summary dispossession action was based on her alleged disorderly conduct and violations of the landlord’s rules and regulations. The dispossession action was governed by the requirements of the Anti-Eviction Act. » Read More
A Letter of Credit (“LOC”) is simply an agreement from a bank guaranteeing that Party A’s payment to Party B will be received on time and for the correct amount. LOC’s are used primarily in sizeable international trade transactions, i.e., a supplier in one country and a customer in another. LOC’s, however, can also be useful, and are regularly employed, in long-term commercial lease situations. » Read More
I previously wrote in this blog about the distraint process available to commercial landlords in New Jersey – a sometimes cumbersome process the purpose of which is to put into the landlord’s pocket at least some of the back rent due from a defaulting tenant (see The Distress of Distraint). In addition to the distraint statutes, there are other means available by way of statutes and contract provisions to protect a commercial landlord’s entitlement to unpaid back rent. » Read More
Commercial landlords are occasionally confronted with a situation where one of their tenants is not abiding by the lease. Some commercial landlords feel that they can simply lock the tenant out of its space as result of any breach under the lease. This is not the case under New Jersey law. Any landlord who resorts to self help risks being sued by a tenant for any number of causes of action, including, but not limited to, wrongful eviction, trespass, and breach of contract.» Read More
I blogged in an earlier post about the importance of including a well-drafted provision in commercial leases giving the landlord the right to remove, and dispose of, the tenant’s personal property left behind after an eviction.
Including a well-drafted provision in your commercial lease regarding the disposition of the tenant’s property will protect you not only from an angry tenant, but from other parties who may appear on the horizon.» Read More
In the previous blog entry, I highlighted the need for commercial landlords to specify in their leases the manner in which the tenant’s personal property is dealt with upon termination of the lease, either by its terms or by way of court action (summary dispossess). Doing so gives the commercial landlord the flexibility needed to get the newly vacated space ready for re-letting.» Read More