Norris McLaughlin & Marcus, P.A.

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Oct 13, 2017

Time to Change The Locks

Many times, a commercial landlord really does not want to evict a non-paying tenant – particularly in those instances where the landlord is trying to keep up appearances at a center – but is left with little choice when a tenant falls so far behind in rent that the landlord is compelled to sue for possession.

In New Jersey, the eviction process is streamlined and allows a commercial landlord to swiftly regain possession of its property when the tenant has failed to pay rent.» 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

Jun 22, 2010

The Distress of Distraint

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

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