New tenant not allowing me (previous tenant) access to my equipment still on property

[DistressedTenan]

What is the name of your state (only U.S. law)? New Jersey

I leased a commercial property and the lease expired. The landlord and I agreed through oral communications to continue the lease on a month-to-month basis. This month-to-month lease continued for about 2 years.

The landlord recently signed a lease with a new tenant. I did not receive any notice of this and was not informed I had to leave until the new tenant told me I am not allowed on the premises.

I am trying to remove my property from the building, but the new tenant will not allow me access. He is using/damaging my belongings I still have inside the building.

The landlord gave me a written and signed letter saying he is allowing me access to the property to remove my equipment, but the new tenant is not cooperating. Police said the new tenant has the right to refuse me access, so I cannot get my belongings from the inside.

Is there anything I can do to get my belongings from the property and to prevent the new tenant from using/damaging/removing my belongings from the property? Can anyone cite any specifics in regard to the new tenant's responsibilities rather than the landlord's responsibilities according to NJ law? I feel I have a huge civil case for him destroying my things, but what can I do right now to prevent him from continuing these actions and to gain access to my belongings?

Please let me know if I can provide more information to any specifics of the situation.

Thanks in advance,
DistressedTenan(t)

 

[Zigner]

What is the name of your state (only U.S. law)? New Jersey

I leased a commercial property and the lease expired. The landlord and I agreed through oral communications to continue the lease on a month-to-month basis. This month-to-month lease continued for about 2 years.

The landlord recently signed a lease with a new tenant. I did not receive any notice of this and was not informed I had to leave until the new tenant told me I am not allowed on the premises.

I am trying to remove my property from the building, but the new tenant will not allow me access. He is using/damaging my belongings I still have inside the building.

The landlord gave me a written and signed letter saying he is allowing me access to the property to remove my equipment, but the new tenant is not cooperating. Police said the new tenant has the right to refuse me access, so I cannot get my belongings from the inside.

Is there anything I can do to get my belongings from the property and to prevent the new tenant from using/damaging/removing my belongings from the property? Can anyone cite any specifics in regard to the new tenant's responsibilities rather than the landlord's responsibilities according to NJ law? I feel I have a huge civil case for him destroying my things, but what can I do right now to prevent him from continuing these actions and to gain access to my belongings?

Please let me know if I can provide more information to any specifics of the situation.

Thanks in advance,
DistressedTenan(t)

You will need to address this issue with your former landlord who, for all intents and purposes, broke his contract with you by leasing the property to another party.

 

[DistressedTenan]

You will need to address this issue with your former landlord who, for all intents and purposes, broke his contract with you by leasing the property to another party.

Thanks for the reply. In other words, the new tenant is free to do with my belongings on the property as he pleases? I cannot pursue any action against him other than civil for the damages he is making? I cannot recover my belongings?

 

[justalayman]

No he isn't but we have no idea what the landlord told the new tenant about the stuff you left either.


You could file a replevin action in the courts to seek the return of your property. You could file that against the new tenant since that is who is holding your property. Otherwise your action is against the landlord since his actions have caused this situation.

 

[DistressedTenan]

No he isn't but we have no idea what the landlord told the new tenant about the stuff you left either.


You could file a replevin action in the courts to seek the return of your property. You could file that against the new tenant since that is who is holding your property. Otherwise your action is against the landlord since his actions have caused this situation.

justalayman, thanks for this information. I will research replevin action further, but it seems promising because it is dealt with much faster than civil court actions. Much appreciated!

Can anyone else offer some helpful information? Thanks in advance.

-DistressedTenan(t)

 

[Zigner]

justalayman, thanks for this information. I will research replevin action further, but it seems promising because it is dealt with much faster than civil court actions. Much appreciated!

Can anyone else offer some helpful information? Thanks in advance.

-DistressedTenan(t)

Replevin is a civil court action. It may actually take longer and be more complicated than a simple money judgment.

 

[DistressedTenan]

Replevin is a civil court action. It may actually take longer and be more complicated than a simple money judgment.

I see. Thanks for the clarification.



Anyone think they can offer a solution to allow me to access my belongings without going through civil court? Fast, before everything is destroyed? IE: criminal laws that might be being broken.

Thanks in advance,
-DistressedTenan(t)

 

[Zigner]

I see. Thanks for the clarification.



Anyone think they can offer a solution to allow me to access my belongings without going through civil court? Fast, before everything is destroyed?

Thanks in advance,
-DistressedTenan(t)

Offering the new tenant money may help.

 

[STEPHAN]

I would heavily go against the LL as he illegally evicted you.

Make sure he knows that you will make him liable for your equipment! Maybe he now talks to the new tenant.

 

[DistressedTenan]

Hi everyone,

I may have found what I was looking for after a long search. Hopefully this may help someone in the future.

N.J.A.S. 2C:33-11.1

It looks like this is not limited to landlords, but anyone hindering or obstructing the reentry by the tenant. This is also a criminal offense, so the local police are obligated to assist in its upholding. Tomorrow I will figure out how things will go.

Thanks again for your help everyone.

 

[justalayman]

But you are (arguably) not the tenant. The tenant is the guy on the inside of the door. The former tenant is the guy on the outside of the door.

 

[LdiJ]

Hi everyone,

I may have found what I was looking for after a long search. Hopefully this may help someone in the future.

N.J.A.S. 2C:33-11.1

It looks like this is not limited to landlords, but anyone hindering or obstructing the reentry by the tenant. This is also a criminal offense, so the local police are obligated to assist in its upholding. Tomorrow I will figure out how things will go.

Thanks again for your help everyone.

At this point, quite frankly, I would get an attorney and sue both the landlord and the new tenant. I suspect that if you do so, it will cause everybody to take the situation much more seriously.

 

[Zigner]

At this point, quite frankly, I would get an attorney and sue both the landlord and the new tenant. I suspect that if you do so, it will cause everybody to take the situation much more seriously.

The tenant was already advised to take legal action, advice that he has dismissed:

Anyone think they can offer a solution to allow me to access my belongings without going through civil court? Fast, before everything is destroyed? IE: criminal laws that might be being broken.

That's why I offered a different solution, namely offering money to current tenant in order to be allowed to remove his property.