Tenants who file for bankruptcy pose special challenges to landlords. This is especially so if the tenant has not been paying rent for some time before filing its bankruptcy petition. The Automatic Stay: The “automatic stay” comes into effect the moment a tenant files a bankruptcy petition. The “automatic stay” means all debt collection activity […]

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A recent unpublished (therefore, non-precedential) Appellate Division decision, Herz v. 141 Bloomfield Ave. Corp. (App. Div. 2015), illustrates a typical flashpoint between landlord and tenant, especially commercial landlords and tenants: Who is responsible for what kind of maintenance to the property? The tenant sued the landlord for “lost profits,” alleging that the landlord had permitted […]

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A recent unpublished (therefore, non-precedential) Appellate Division decision, Herz v. 141 Bloomfield Ave. Corp. (App. Div. 2015), illustrates the danger of getting the signature lines wrong on a commercial lease. The commercial tenant was a corporation. The corporation’s president signed the lease as “President.” Although the lease contained language specifying the tenant’s president would be […]

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