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I am a commercial tenant. I am trying everything, but I fell behind in the rent.The landlord wants me out. What do I do?

Asked over 2 years ago - Lafayette, NJ

I am trying everything to make things work. I am upset. The landlord was willing to work with me, but now that I'm 3 months behind she said,"I'd rather have the store sit empty, then have you there owing me more money!" I am really hurt! It's not my fault the store isn't making any money. I'm trying everything! I have all my merchandise here, I can't afford to move it to a storage rental, and it wouldn't fit in my condo. What do I do if she evicts me? Who does she think is gonna rent the place anyway? I mean the economy is so bad, she might as well let me stay. This is causing a lot of stress between me and my husband too.

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Attorney answers (1)

Ronald Anthony Sarno

Reputation Level 20

Answered over 2 years ago. Litigation Lawyer in New York, NY.

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It is not your fault the economy is bad; but you have a contract that requires you to pay rent. The L has every legal right to evict you from the store. I would find it wiser to plan a well managed exit rather than a rout. For example, some competitor might be wiling to buy your merchandise and remove the cost of storage.

On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:

Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..

Commercial litigation: How to Handle a Dispute

Landlord Tenant Rules and Requirements in General and in New Jersey,
Landlord Tenant Litigation: Eviction, Other Lawsuits in General and in New Jersey
(much of this only applies to residential tenants but there is helpful information).

How to Succeed in Business by Really Trying: Wise Moves and Dumb Moves

LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

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Nanci C. Freeman, Esq.

Answered by a user, over 2 years ago.

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If you are unable to fulfill your obligations under the contract, then legally you must surrender the premises. A landlord tenant relationship is a business agreement, involving the exchange of goods, services, or financial compensation. Millions of Americans are in dire financial straights, and difficult decisions are being made every hour of the day. Legally, you have no right to occupy the premises if you are in breach of your contractual promise-namely to pay rent. You could not allow your clients or customers to have use of your merchandise without compensation. Your landlord also has a product for which they are entitled to compensation. Even large banks are toppling, this economy is no respecter of persons. Be a person of integrity, honor your contractual obligation, or restore the premises to the landlord who has done nothing to cause the unfortunate circumstances you are facing.

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