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I have a commercial tenants who fell 2 months behind last Jan/Feb. What do I do?

Asked over 2 years ago - Sparta, NJ

Commercial Landlord / Tenant Real Estate

She consistently pays late. I have not been able to collect any late fees, or a nickel of the back rent yet. She promised to catch me up by the end of October, but that hasn't happened. Is she stringing me along? I'm terrified of a vacancy (I'm barely making my mortgage now), but I'm angry about chasing her for money, and always being in the hole. I believe her business is slow. However, she drives a new car, and took a vacation this summer. (I drive a used car, and couldn't afford a vacation this summer.)

Any advice would be greatly appreciated!

Additional information
We had a year lease and after that it went month to month. After the 5th, we can add a $50.00 late fee. She's technically behind Sept/Oct for court purposes, but she fell behind back in January.

Should I ask her to leave or evict, and sue her in civil court for the money? I'm done chasing her for money, and hearing her sob stories. The mortgage company doesn't care!

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Attorney answers (1)

Robert John Murillo

Reputation Level 15

Answered over 2 years ago. Business Attorney in Boulder, CO.

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You really only have two choices. Either continue as you have been doing or you exercise the default remedy under the lease. Given the timeframe at issue for the late rent and depending on the terms of your lease, you may have waived some rights already.

You should contact a local commercial real estate attorney to consider options. Given that you are on a razor’s edge, you may be best trying to find a new tenant before you exercise a remedy because in some states, and based on the lease terms, you trigger an election of remedies to terminate the lease. In short, this is complex and you need an attorney to review the lease and advise you or you will make a costly mistake.

DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

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