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Feb 22, 2017

Landlord Pre-Lease Execution Checklist

As with anything worth pursuing, the better prepared a landlord is before signing a lease the better off the landlord will be should any difficulty arise during the term of the lease. Below is an outline of items a landlord should address prior to signing a lease as part of due diligence:

  • Document the condition of the premises.
» Read More

Jul 02, 2015

Consent Judgements: Not Always What They Appear To Be

On many occasions, a commercial landlord and a tenant who find themselves in court together will enter into a consent judgment as a means to resolve their dispute in order to avoid the time and expense of a trial. The courts provide basic consent judgment forms that the parties may revise to fit their specific situation. » Read More

Dec 16, 2014

Anatomy Of A Tenancy Trial

If you are a commercial landlord, then chances are you have a relatively good relationship with your tenants. However, there are instances where a landlord and one of the tenants fall into a toxic relationship, or the tenant simply runs into financial difficulties resulting in nonpayment of rent, forcing the landlord to file an eviction action. » Read More

Nov 08, 2011

The Importance of Drafting Proper Notices to Quit in a Commercial Tenancy

In an unpublished decision, issued on November 7, 2011, by New Jersey’s Appellate Division, the importance of drafting a notice to quit in accordance with the law is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.   » Read More

Oct 20, 2011

The Landlord’s Liens

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). » 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. » Read More

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