Mark & Galusha, Landlord Tenant Attorneys - Basking Ridge, Somerset County, New Jersey

Information is the key to any good landlord/tenant relationship. Being fully informed of your rights as a landlord when dealing with a difficult tenant can save you both a lot of time and money in the long run.

In New Jersey, when dealing with a commercial tenant who has failed to pay their rent in a timely manner, a landlord has the right to lock out that tenant from the premises and take control of the tenant's business assets. This is legally known as distraint.

Distraint is a right of a commercial landlord to reenter the premises and seize the tenant's goods and sell the goods to satisfy rent arrearages. It is important to note the distraint statute is only allowed to be applied when the commercial tenant fails to pay rent; the statue cannot be applied to any other breaches of the lease.

Under the distraint statute, after the landlord waits a specified period of time and also provides proper notice to the tenant and proper notice of sale, the landlord may have the assets appraised and sold to pay for the rent that is owed. It is important to note that even when a commercial tenant fails to pay rent, a landlord cannot always automatically invoke his rights under the distraint statute. A landlord should consult an attorney before locking any tenant out.

Mark & Galusha, Lawyers handling landlord tenant matters in Bridgewater, Somerset County, New Jersey

If you are a landlord seeking to redress against a commercial tenant, please contact Mark & Galusha, your landlord tenant attorneys in Bridgewater and Basking Ridge, New Jersey. For your free consultation with a lawyer from our Firm, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the contact us page.