Norris McLaughlin & Marcus, P.A.

Blogs > NJ Real Estate Dispute

Breach of Lease

Feb 24, 2014

Notice Requirements For Eviction (N.J.S.A 2A :18-53)

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

Jan 07, 2014

What Good Is a Good Guy Guarantee?

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

Apr 16, 2012

Acceptance of Rent in Default Situations

It is not unusual for me to get a call from a commercial landlord battling with a tenant who is in arrears asking whether it is OK to accept a check from the tenant for less than the rent that is owed. Typical of most answers in the law, I tell them it depends. Initially, it is important to distinguish between “receipt” of rent and “acceptance” of rent.» Read More

Sep 14, 2011

IN THE NEWS: Hartz Drops Lawsuit Against EDA over Panasonics Move to Newark Due to Cost

NJ Biz reports: On Monday, Hartz  Mountain Industries terminated its lawsuit against Economic Development Authority over its award of $102.4 million in Urban Transit Hub tax credits to Panasonic Corp. of North America, allowing the electronics company to move its headquarters from Hartz’s Harmon Cove development in Secaucus to a new office tower Matrix Development Group and SJP Properties will build at 2 Riverfront Center in Newark .   » Read More

Jul 21, 2011

Commercial Landlord Has an Implied Obligation to Maintain Shopping Center

On July 7, 2011, the New Jersey Appellate Division affirmed a trial court ruling that where a lease requires a tenant to operate a “quality jewelry store” in a “first class and reputable manner,” the landlord has an implied obligation to maintain the shopping center in a good condition.

In Wallington Plaza LLC v. Taher, the trial court concluded that while the lease obligated tenant to sell only quality jewelry, it also imposed a responsibility on the landlord to keep the premises in a reasonable condition as a tenant would expect if he had to operate a first-class business to make prospective customers welcome.  » Read More

Feb 21, 2011

The Need for Exit Strategies in Your Commercial Lease

In good times and in not so good times, a well drafted and negotiated commercial lease will contain various exit strategies available to the landlord and tenant. These strategies will come in handy in situations where a tenant’s business is booming causing it to grow out of its current space (good times) or where the space is too big or expensive for the tenant to continue because business has dropped off considerably (not so good times).» Read More

Feb 14, 2011

Commercial Lease Variations

When entering into a commercial lease, one of the more important terms negotiated between the parties pertains to the manner in which the landlord will recoup its operating expenses. After all, commercial landlords are in business to make money. Without addressing its operating expenses, a landlord’s return on investment would be whittled away to nothing. While the more sophisticated players in the industry are thoroughly familiar with the various techniques available, many tenants – and some landlords – are not so well informed.» Read More

Feb 07, 2011

What Is a Notice to Quit?

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

Subscribe

Name
Email *