Westfield, NJ asked in Landlord - Tenant for New Jersey

Q: What is the current Statute of limitations on commercial property lease. For example tenant stopped paying his lease.

Tentant moved out and Four months of uncollected rent since September of 2017.

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1 Lawyer Answer
Matthew Schutz
Matthew Schutz
  • Landlord Tenant Lawyer
  • Flemington, NJ
  • Licensed in New Jersey

A: I am unclear on what you mean by your question. Generally speaking, the statute of limitation on all contract actions is 6 years. Depending on when your tenant left in 2017, your coming up against the statute of limitations to sue him for the rent he owes.

If you are talking about filing an eviction action, the place been empty 6 years. It's a 2 edge sword. Statute of limitation there is also 6 years. You do have continuing injury to the extent that the tenant is in breach of his current lease. The fact that you have a continuing injury may viciate the statute of limitations defense.

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