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  1. #1
    Join Date
    May 2009
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    Default Commercial Eviction After Withholding Rent Over Maintenance Issues

    My question involves business law in the state of: New Jersey

    This is my second post because I never saw the first post show anywhere. If it is please forgive the double post.

    I was renting a commercial space in a strip mall. We had numerous problems with our landlord. The HVAC never worked, later I had hired an HVAC person to go onto the roof and take pictures and found 1 unit dead another unit had the heating part rusted and burned out. There were many many other issues that are too numerous to recount.

    At one point I stopped paying rent. He took me to court and I brought all my pictures, check stubs for all the rent I had payed and the lease agreement which stated the landlord was responsible to repair or replace any non working or troubled mechanical.

    We went to court their lawyer asked for a continuance as he did not have any information about all these issues and the mediator suggested he go back to his people and get the correct information.

    There was another trial date set and my lawyer and I went but they did not show but called and asked for another continuance. It was granted.

    Anyway to make a long story short, there was continued change on the dates and at one point the landlord contacted me directly to try to get all this resolved. I had already left the unit and he said he would drop any time left on the lease and we would just go our separate ways. About 2 weeks later I received notice of eviction from the premises.

    He went to court and went ahead with the eviction and I never received notification.

    Do I have any recourse here? Can I sue for false eviction? Is there anyway I can sue him I guess is the question? If for nothing else but to annoy him.

    Any help appreciated.

  2. #2
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    Default Re: Commercial Eviction After Withholding Rent Over Maintenance Issues

    You will want to talk to your lawyer as to whether you entered into a binding settlement with your landlord, how it is that an eviction proceeded without notice to you, and what recourse you may have in relation to the judgment.

  3. #3
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    Mar 2013
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    Default Re: Commercial Eviction After Withholding Rent Over Maintenance Issues

    Quote Quoting Dig
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    About 2 weeks later I received notice of eviction from the premises.

    He went to court and went ahead with the eviction and I never received notification.
    Don't you see the obvious contradiction between those two sentences?

    Quote Quoting Dig
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    Do I have any recourse here? Can I sue for false eviction?
    I doubt it. What I think happened (and you can verify this by reading the court papers instead of assuming things) is that the official eviction was required in order for him to obtain legal possession of the property.

    Quote Quoting Dig
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    Is there anyway I can sue him I guess is the question? If for nothing else but to annoy him.
    Discretion is the better part of valor. Poke the bear and the bear might turn around and sue you for back rent. Is it worth spending 5 or 10 grand on litigation? Trust me, you'll be a lot more annoyed than he would be. Especially if he wins.

    My advice: Get over it and stay over it.

  4. #4
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    May 2009
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    5

    Default Re: Commercial Eviction After Withholding Rent Over Maintenance Issues

    Quote Quoting adjusterjack
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    Don't you see the obvious contradiction between those two sentences?


    I doubt it. What I think happened (and you can verify this by reading the court papers instead of assuming things) is that the official eviction was required in order for him to obtain legal possession of the property.

    Discretion is the better part of valor. Poke the bear and the bear might turn around and sue you for back rent. Is it worth spending 5 or 10 grand on litigation? Trust me, you'll be a lot more annoyed than he would be. Especially if he wins.

    My advice: Get over it and stay over it.
    It is always difficult to express yourself without someone misunderstanding. There is no contradiction in the sentences. I received a notice that I was being evicted even though I had left because he went to court without telling me.

    Just to add to the story. I received an email from my attorney with a forward from the landlords attorney that was explaining a meeting we were supposed to have with the landlord before we left to sign a settlement agreement that stated I was leaving without any past lease payments due.

    The landlord's attorney stated he would let us know when the meeting was. The meeting was canceled and the email stated he would get back to us with a new date. It was the week after, I received the eviction notice in the mail. I decided to "poke the bear" as it is sometimes better to be aggressive than passive about these things.

    I contacted the landlord with an email expressing my outrage at what has taken place. I received an email back with an apology and stating that he would remove the eviction and send me the agreement for us to sign. I received the agreement paper work this morning.

    The main reason I am writing this email that I hope anyone who has problems like this will remain on the offensive and not become passive as suggested in the previous post. Passivity may be good in some circumstances but when you are right about something never be afraid to stand your ground no matter how big the bear. Sometimes we are afraid to fight the bear because our imagination makes them appear bigger than they are.

    Good Luck

  5. #5
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    Default Re: Commercial Eviction After Withholding Rent Over Maintenance Issues

    There are many options other than doing nothing and filing a baseless lawsuit "for nothing else but to annoy" a judgment holder. You weren't told to do nothing.

  6. #6
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    Default Re: Commercial Eviction After Withholding Rent Over Maintenance Issues

    Quote Quoting Mr. Knowitall
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    There are many options other than doing nothing and filing a baseless lawsuit "for nothing else but to annoy" a judgment holder. You weren't told to do nothing.
    The statement from adjusterjack "My advice: Get over it and stay over it.". So I am not sure what you mean by saying "You weren't told to do nothing."

    I was told exactly to do nothing. I don't understand the problem as lawyers files frivolous law suites all the time and some time they do it just to annoy the other person.

    My point is to everyone reading this thread is if you have been wronged and can prove it do not be afraid to fight back. I am sticking to this and nothing here has changed my mind.

  7. #7
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    Default Re: Commercial Eviction After Withholding Rent Over Maintenance Issues

    As I read it, adjusterjack was suggesting that you get over your pettiness and forget about filing your frivolous lawsuit, which is a separate issue from whether you have recourse over the default.

    What did your lawyer say when you followed up?

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