Real Estate Attorney in New Jersey Building Possession Case

The landlord had entered into a commercial lease with a retail operator for a fixed term. 

After an amendment to the lease, the tenant designated a family member as the occupying entity, yet rent payments ceased entirely. 

The arrears continued for more than a year, and utility charges tied to the premises remained unpaid. 

Counsel prepared a formal notice of default and termination in compliance with New Jersey law, thereby preserving the landlord’s right to file for possession.

After the cure period expired without payment, the landlord commenced a summary dispossess action in the Superior Court of New Jersey, Special Civil Part. 

The complaint sought possession based on substantial nonpayment of rent and material breach of the lease. 

The court required proof of the lease, the rental ledger, and proper service of statutory notices. 

Through structured pleadings and evidentiary preparation, the claim for possession was positioned for judicial review.

In this matter, the occupants argued that they had invested significant funds in interior renovations and therefore suffered financial loss. 

They contended that these expenditures offset the unpaid rent. However, the lease expressly allocated responsibility for build out and improvements to the tenant.

The court reviewed the written agreement and found no contractual basis for a rent credit or reimbursement.

The defendants also asserted that certain operating expenses should have been absorbed by the landlord. 

The lease language, however, placed responsibility for routine maintenance and utilities on the tenant during the term. 

Counsel presented invoices, payment records, and the governing provisions of the lease. 

This documentation clarified that the tenant’s failure to pay constituted a material breach that justified termination.

At trial, the court found that rent had remained unpaid for an extended period and that the landlord had provided proper written notice. 

The tenant did not dispute the amount owed but relied primarily on equitable arguments. 

The judge concluded that nonpayment was established and that no legal defense barred recovery of the premises.

The court entered a judgment for possession in favor of the landlord and authorized issuance of a warrant of removal if the occupants failed to vacate voluntarily. 

The court also awarded allowable costs as provided under New Jersey procedure. 

With judgment entered, the landlord regained the legal right to control and relet the property.

Effective representation begins with careful review of the lease and accurate calculation of arrears. Counsel then implements a structured strategy that includes formal notice, compliance with statutory timelines, and preparation for evidentiary hearing. 

This approach reduces procedural risk and strengthens the landlord’s position before the court.

Every building possession dispute turns on documentation, timing, and compliance with court rules. 

Property owners benefit from early legal assessment to avoid delay and unintended waiver of rights. 

Our firm is prepared to assist landlords in New Jersey with possession actions, lease enforcement, and related real estate disputes in a manner that is consistent with statutory requirements and commercial objectives.