June 2, 2020
During these difficult times, I have been receiving multiple communications from Landlords ( commercial and residential) and Tenants regarding the difficulties of paying and collecting Lease obligations. The terms of the Lease still control. The Courts have imposed a moratorium on the actual lock-out eviction day. The Court staffing is minimal, and the Court dates are being pushed back extensively.
While we all need to work together to get through this difficult pandemic economic situation, the details of the Landlord Tenant relationship should not be ignored. A Landlord cannot allow the arrears to get too far behind in the unfortunately future event of a Tenant not being able to catch up. A Tenant also must have the Landlord's position set forth in writing so that there is no misunderstanding in the future.
I represent many Landlords of residential and commercial properties. These are uncharted waters , but the terms of the Lease must be adhered to, and the only way to accomplish same is to file the papers with the Court and to work things out with the Tenant with the knowledge that the parties legal responsibilities will be enforced.
As a Real Estate Attorney, I have been handling these matters for 30 years.