Landlord-Tenant Issue

#1 05-31-2003, 02:17 PM

What is the name of your state? new jersey

when renting space for a business and the lease has run out and the owner has not giving the tenant a new lease due to the fact that the owner is selling the building but in turn having you pay month to month. Now you are behind on your rent, does the landlord have the right to just come in a padlock your space without written notice or does he have to go through the courts before he can lock you out?

JETX · #2 05-31-2003, 02:51 PM

In the case of your remaining after the original written lease has terminated and absent a new written lease, the original lease terms apply. So, what does your original lease say as to landlord remedies in the event of breach??

#3 05-31-2003, 03:12 PM

the lease says:

Lessor’s Remedies on Default. If Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within 30 days, after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such curing within such 10 days and thereafter proceed with reasonable diligence and in good faith to cure such default), then Lessor may terminate this lease on not less than 15 day’s notice to Lessee. On the date specified in such notice the term of this lease shall terminate, and Lessee shall have been so terminated by Lessor. Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver.

Can the Landlord take it upon himself to take your lock off the gate and replace it with his lock so you can't enter your business or does he have to go through the courts?

JETX · #4 05-31-2003, 04:11 PM

Did you receive any written notices prior to the lock being changed?? If so, how long ago??

The lease basically says, if you breach:
1) The landlord will give you a notice of the default and you have 30 days to remedy the breach.
2) And if you don't start that 'remedy' within 10 days of the notice, the lease can be terminated.
3) Then, it gets a little confusing, because it says that the landlord, after giving you "not less than 15 days notice", the landlord can terminate your lease. That notice will include the date that the lease is terminated.

So, back to the above question... did you get a written notice of termination and if so, what date was shown??

And to answer your question:
"Can the Landlord take it upon himself to take your lock off the gate and replace it with his lock so you can't enter your business or does he have to go through the courts?"
*** If he has given you the notice to terminate and you are still there, he can change the locks. This is a commercial lease and has far less 'consumer' protections (like court filing, etc.) than a residential lease.

#5 05-31-2003, 06:25 PM

There has been no written notice at all. Now what can I do?

JETX · #6 05-31-2003, 08:18 PM

And what did the landlord say when you advised them that their actions were in breach of the lease provisions.... and that you would be contacting an attorney.

#7 05-31-2003, 08:25 PM

I haven't been able to contact him yet. Would it be wrong of me to cut the lock as he did to enter my store and continue my business until he came with a court notice?

JETX · #8 05-31-2003, 10:56 PM

"Would it be wrong of me to cut the lock as he did to enter my store and continue my business until he came with a court notice?"
*** Not if you look forward to a lot of excitement, and legal action if you do.
Contact a local attorney and let him/her handle this.