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Attorney 1
Attorney 1, Attorney
Category: Real Estate Law
Satisfied Customers: 2447
Experience:  Knowledgable and Experienced Attorney
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I operate a dance studio in south jersey in a strip mall. My

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HI I operate a dance studio in south jersey in a strip mall. My 19th year paying the rent on time every year up till now. Because of the decline in enrollment I am behind in the rent of approximately 25000.00. I knew I would not make it through the season in November of 2015. (Our season runs from Sept to June) Put it up for sale, and one of my instructors decided to purchase the studio. My daughter who is not a shareholder (was removed from the Buisness at her request but did not sign any paperwork in 2009) decided to get an attorney to try and get some of the proceeds even though the proceeds were going to pay off the landlord and credit card bills leaving nothing. After a period of time my daughter and I agreed to sell the Buisness, pay off the landlord and put the remaining monies in escrow. My daughter then delayed the paperwork to sell the Buisness and after about 6 weeks the buyer backed out. (My daughter made it hard for the buyer because they do not get along and my daughter did not want to work for her) Needless to say I could no longer pay the rent. I am losing approx 3000.00 per month. . I offered to pay the landlord as much as I could which is about one third what I presently owe but declined. They want the entire amount. I need to stay in the property until the end of June in order to have our recital. If I get evicted before then, all of my customers will loose the money they spent for costumes and all of the kids that have been practicing their routines for the recital will be heartbroken. If I can stay and proceed with the recital, I will be able to pay the landlord the proceeds from ticket sales plus what is ever left in the account. Why he is going to evict me when he can get approx half of what I owe is puzzling. Anyway, I know there is a process but I just need to know about how long it will take. Can you please tell me step by step along with the time frame.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

I'm sorry to hear what you've been going through and understand your concern about retaining the property through the end of your season. Doing so will depend on a number of things, including your ability to stall the landlord and potential defenses to the eviction action. It's important to prepare for what you see coming down the road, including the potential of securing substitute premises for practices and/or the recital, if necessary. In any event, the commercial eviction process in New Jersey usually takes about 30 days. The following is a helpful link that will let you understand the timeline and process.

http://www.nmmlaw.com/nred/2010/08/09/what-to-do-with-a-non-paying-commercial-tenant/

I hope this helps. If you need additional information or clarification, just let me know and I'll be happy to continue providing assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that as well, and please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the information we provide.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 1 year ago.

Please let me know if there's anything else I can do for you. I'm here to help.

Best,

Attorney 1

Customer: replied 1 year ago.
Hi, I really need to know step by step from start to finish on the eviction process. Thanks
Expert:  Attorney 1 replied 1 year ago.

Here you go:

1. The summary dispossess process is initiated by the filing of a tenancy complaint in the Special Civil Part – Landlord /Tenant section – in the county in which the premises are located.

2. Upon filing the complaint, the clerk of the court may either mail the complaint, along with a summons, by ordinary mail to the tenant at the address supplied by the landlord, or may deliver the complaint personally or by affixing a copy of the summons and complaint on the door of the premises.

3. Once the summons and complaint are served, a trial date is scheduled. The trial date is usually between 10 and 30 days from the date of service. No answer to the complaint is required; rather, the defendant is directed to appear at the trial and state a defense at that time.

At trial, a landlord that is a corporate entity or limited liability company must be represented by an attorney. The same prohibition applies to the tenant.

4. At trial, the case is called and, if the tenant fails to appear, then the landlord obtains a default judgment for possession upon the filing of a certification setting forth the amount of rent due.

If the tenant appears, the case is usually mediated by a law clerk or trained mediator in an effort to dispose of the case.

5. If the case does not settle, then it is tried. The court will determine the amount of rent due, unpaid and owing and award possession to the landlord (assuming the tenant has no defense to failure to pay the rent).

6. Even after a judgment for possession is entered, a tenant has an opportunity to redeem the premises by paying the rent due to the landlord, or to the court clerk, by the close of business on the date of the trial. By doing so, the tenant is permitted to remain in the premises. Alternatively, the tenant does have a right of appeal from a final judgment in a summary dispossess action.

7. A judgment for possession is enforced by the issuance of a warrant of removal.

A landlord must make a written application for the warrant within 30 days after a judgment for possession has been entered, which time period may be extended by court order or by written agreement signed by the parties and filed with the clerk.

8. Once a court officer (known as a “constable”) is assigned, he or she executes the warrant by removing all persons from the premises, by force if necessary, and returning possession to the landlord.

A constable is not required to remove a tenant’s goods from the premises, but he must give the tenant an opportunity to remove his goods or the constable may remove them himself as agent of the landlord."

I hope this helps. If you need additional information or clarification, just let me know and I'll be happy to continue providing assistance. If I have addressed your issue and/or pointed you in a positive direction, please let me know that as well, and please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the information we provide.

Good luck!

Best,

Attorney 1

Expert:  Attorney 1 replied 1 year ago.

Please let me know if there's anything else I can do for you. I'm here to help.

Best,

Attorney 1