If you’re a commercial landlord in New Jersey dealing with a tenant who is violating their commercial lease agreement, it may be time to consider eviction. Commercial eviction proceedings allow landlords to regain control of their property and remove tenants for issues such as non-payment of rent, lease violations, or failure to vacate after lease expiration.
Understanding the commercial eviction process in New Jersey is essential to protecting your rights and ensuring a smooth legal procedure. Here’s what you need to know about evicting a commercial tenant and how an experienced commercial eviction lawyer can assist you.
A commercial eviction is the legal process of removing a tenant from a non-residential property due to violations of their commercial lease agreement. Common types of commercial properties subject to eviction include:
- Office buildings
- Warehouses
- Retail spaces
Unlike residential evictions, which are subject to extensive tenant protections, commercial evictions in NJ are generally more streamlined. Residential tenants often have legal safeguards like rent control and “just cause” eviction laws, but commercial tenant evictions are primarily governed by contract law. This means that if a commercial landlord can prove a tenant has breached their lease—such as non-payment of rent or refusing to leave after the lease expires—there is usually a valid legal basis for evicting a commercial tenant.
However, commercial eviction process must be handled carefully to ensure compliance with tenant law in NJ and to avoid legal disputes. A knowledgeable eviction attorney can help navigate the required legal procedures, protecting your rights as a commercial landlord while ensuring a smooth eviction process.
Before initiating commercial tenant evictions, it’s essential to understand the grounds for commercial evictions to confirm that you have the legal standing to move forward.
A commercial landlord in New Jersey has the legal right to initiate commercial tenant evictions when a tenant fails to uphold the terms of their commercial lease agreement. The commercial eviction process is largely based on contract law, meaning that landlords must have a valid reason for evicting a commercial tenant before proceeding with legal action. Below are the most common grounds for commercial evictions in NJ:
1. Non-Payment of Rent
The most frequent reason for commercial eviction for landlords is non-payment of rent. If a tenant fails to pay rent on time or refuses to make payments altogether, the commercial landlord can begin eviction proceedings. Many commercial lease agreements outline a grace period for late payments, but once that period expires, landlords can issue a formal notice demanding payment before moving forward with eviction.
2. Lease Violations
When a tenant breaches the terms of their commercial lease agreement, the landlord may have grounds for eviction. Common violations include:
- Unauthorized subleasing without approval
- Making unapproved alterations to the property
- Using the property for illegal business activities
- Violating zoning laws or usage restrictions
In most cases, the landlord must first issue a notice to cure the violation, giving the tenant a chance to fix the issue. If the tenant does not comply, the commercial eviction process can proceed.
3. Excessive Property Damage
If a commercial tenant causes damage to the property beyond normal wear and tear, the landlord may have the right to evict them. Damage that compromises the structure, value, or usability of the property can be considered a breach of tenant law and may justify eviction.
4. Failure to Vacate After Lease Expiration (Holdover Tenancy)
When a commercial lease agreement expires, tenants are expected to vacate unless a renewal has been agreed upon. If a commercial tenant remains on the property without permission, they become a holdover tenant, and the commercial landlord can pursue eviction to reclaim the space. Some leases allow for month-to-month tenancy after expiration, but without such an agreement, the tenant is unlawfully occupying the property.
5. Illegal Business Operations
Operating an illegal business within a commercial rental space is a serious lease violation and provides the commercial landlord with a strong legal basis for eviction. This could include fraudulent activities, unlicensed business operations, or criminal offenses. In such cases, working with a professional and experienced commercial eviction attorney in NJ can help expedite the eviction process.
6. Creating a Nuisance or Disrupting Other Businesses
If a commercial tenant is disruptive to neighboring businesses by creating excessive noise, violating health codes, or engaging in behavior that negatively affects others, the commercial landlord may take legal action to evict them. Many commercial lease agreements include clauses that require tenants to maintain a professional and non-disruptive environment.
Ensuring a Proper Eviction Process
To legally evict a commercial tenant, landlords must follow the commercial real estate eviction process carefully. This includes serving proper notices, allowing time for compliance, and filing an eviction lawsuit with a lawyer when necessary. A commercial eviction attorney can assist landlords in ensuring they comply with tenant law in New Jersey while efficiently reclaiming their property.
For official New Jersey eviction laws and procedures, visit the New Jersey Courts – Landlord/Tenant Information page.
The commercial eviction process in New Jersey follows a structured legal procedure that must be adhered to in order to comply with tenant law and ensure a smooth eviction. By following the correct steps, a commercial landlord can evict a commercial tenant while minimizing delays and legal complications. Here’s what you need to do to regain possession of your commercial property:
Before initiating a commercial tenant eviction, the commercial landlord must serve the appropriate notice to the tenant. The type of notice required depends on the reason for the eviction:
- Notice to Quit – Used when a tenant violates the commercial lease agreement in a way that cannot be remedied, such as committing illegal activities on the property.
- Notice to Pay or Quit – Issued when a tenant is behind on rent payments, giving them a specified period to pay or vacate.
- Notice to Cure or Quit – Used for lease violations, allowing the tenant a set amount of time to correct the violation before facing eviction.
Most commercial evictions in New Jersey begin with a three-day notice, particularly for non-payment of rent. This notice informs the tenant that they must either pay the overdue rent or vacate the premises within three days. If the tenant does not comply, the commercial landlord may proceed with the commercial eviction process.
If the lease is on a month-to-month basis, a 30-day notice to vacate may be required. However, this is typically not applicable in most commercial lease agreements unless specified in the contract.
The eviction notice must include the following details:
- The tenant’s name
- The property address
- The specific lease violation (e.g., non-payment of rent, property damage, unauthorized subletting)
- Required actions to avoid eviction (if applicable)
The notice must be provided in writing and can be delivered in person or by certified mail. If a “Notice to Quit” is served, the commercial landlord should avoid accepting any rent payments afterward, as doing so may legally invalidate the notice.
Once the notice is served, the eviction timeline begins on the first non-holiday weekday after issuance. Weekends and holidays do not count in the timeframe. If the tenant fails to comply within the given time, the next step is filing an eviction lawsuit with a lawyer.
If the commercial tenant does not vacate the property after the notice period expires, the commercial landlord must file an eviction lawsuit with a lawyer in a New Jersey court. This is known as an unlawful detainer action, which formally requests the court’s assistance in removing the tenant.
The commercial real estate eviction process involves:
- Filing a complaint with the appropriate New Jersey court
- Serving the summons and complaint to the tenant
- Waiting for the tenant’s response (they may contest the eviction or attempt to negotiate)
- Attending the court hearing if necessary
If the court rules in favor of the commercial landlord, the judge will issue a judgment for possession, allowing the landlord to reclaim the property. At this point, the landlord may request a Warrant for Removal, which grants local law enforcement the authority to physically remove the commercial tenant if they still refuse to vacate.
The attorneys at Sammarro & Zalarick PA bring decades of experience and in-depth legal expertise to guide you through the commercial real estate eviction process in New Jersey. Since our firm’s establishment in 1993, we have successfully handled thousands of commercial eviction cases, helping commercial landlords protect their investments and regain control of their properties efficiently.
Our dedicated legal team works diligently to safeguard your rights, ensuring a swift and effective resolution. From serving the appropriate eviction notice to filing a lawsuit when necessary, we take care of every legal detail so you can focus on your business. By partnering with Sammarro & Zalarick PA, you can significantly improve your chances of a smooth, cost-effective, and stress-free eviction process. Let us help you reclaim your property with confidence and efficiency.