Friday, July 17, 2015

Landlord Wins Lawsuit Due to Good Lease and Guaranty

Stark & Stark Shareholder Jerry A. Nelson, member of the Commercial, Retail, Industrial, and Multi-Family Real Estate Group, authored the article, “Landlord Wins Lawsuit Due to Good Lease and Guaranty,” which was published on May 29, 2015 in the Mid Atlantic Real Estate Journal.

The article explains a new decision that was recently released in the New Jersey Appellate Division. With this unpublished decision, landlords can make and save more money by utilizing good leases and guaranties. The case affirmed this because the landlord was found to have provided a lease and guaranty that were “clear and unambiguous.” Additionally, the tenants and guarantor were “found to be liable for a judgment in the amount of $324,119.20 plus costs.”

For landlords, this decision illustrates the importance of preparing a good lease and guaranty at all times, to protect themselves against any future unforeseen circumstances. This is not a practice to be overlooked, as proper documentation can persuade courts to grant summary judgment, as they did in this decision, which meant the landlord was able to make and save money in a timely manner.

If you’d like to confirm that you have the lease, guaranty, you need to win a dispute, it’s important that you speak with experienced counsel. “Evaluating your legal issues and addressing them carefully, requires careful review on an individual basis.”

You can read the full article by clicking here.



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