Runnemede, NJ asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey

Q: What is process to remove a commercial-lease holdover tenant in NJ? Tenant vanished, stuff is in garage. Context below

I manage a multi-unit property in NJ and we have a tenant (contractor, a corporation) who rents a storage garage on the property. Landlord is an LLC owned by a family member. There was a commercial lease that ran for one year and expired in May 2019. Tenant did not renew, landlord continued accepting same rent amount. Neither party brought up subject of lease renewal.

Tenant habitual late payer, would play dumb each and every month and say he forgot. Tenant has disappeared for the last month. Phone goes straight to vm. Wife and co-workers won't say where he is. Because of late payment, we were considering canceling the month-to-month tenancy of tenant some point soon anyway and re-listing unit, but now tenant looks to be defaulting altogether.

Lease seems to consider the tenant as a 'holdover' at this point, and thus tenant technically owes couple thousand dollars in holdover rent. Landlord never made verbal note of holdover increase. Use this as leverage to remove w/o lawsuit?

1 Lawyer Answer
Paul J. Riviere
Paul J. Riviere
  • Jackson, NJ
  • Licensed in New Jersey

A: You will need an attorney to help you file a summary dispossession complaint in the Special Civil Part - Landlord /Tenant section - in the county in which the premises are located. This is the proper legal way to remove the current the tenant without resorting to self help.

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