Wednesday, August 25, 2010

Commercial Real Estate Litigation

When it comes to real estate litigation and landlord-tenant relations, there are two main things that a good attorney will have: extensive knowledge of applicable laws and a proactive approach to their client’s case.

Investors who own property in New Jersey, Pennsylvania, New York, or Washington DC don’t always live in these states; thus they rely heavily on their local attorneys to provide them with aggressive but fair representation during litigation in an event of a dispute.

Shopping malls, commercial office buildings and residential apartment complexes generate large amounts of revenue for their owners. During the tough economic times we are in today, many of the retail and commercial tenants end up defaulting on their leases. This leaves the property owner scrambling for a solution while trying to figure out a plausible remedy for this sticky situation.

However, let us not assume that it’s always the tenant who is at fault. Each side could be faced with different challenges when it comes to landlord-tenant disputes, thus it’s important to enlist the help of a professional attorney who has a thorough understanding of both sides of the issue. This includes understanding of some of the key areas such as:

  • Typical structure of a Commercial Lease
  • Proper procedures for Commercial and Retail Evictions
  • Understanding of Bankruptcy and Corporate Restructuring processes
  • Commercial Real Estate Loan structure and Financing laws
  • Business ownership structures – including Partnerships, LLCs and Corporations

There are several other important areas, but these are some of the most common subjects which pertain to commercial real estate litigation. Investment property owners as well as commercial and retail tenants need to know that they can entrust their local attorney to provide them with the best level of expertise, guidance, and diligent hard work to protect their interests in a legal case.

Whether you are a commercial real estate owner or a tenant, core understanding of the landlord-tenant laws in your state will give you an edge in resolving difficult disputes and will allow you to make the best choices when it comes to legal proceedings.

In the end, finding a good law firm with attorneys who are knowledgeable in real estate litigation issues will save you a lot of headache, time and frustration down the road. If you are currently facing a landlord-tenant dispute in New Jersey, here is a great resource for some of the frequently asked questions on this subject: http://www.judiciary.state.nj.us/civil/civ-04.htm; if we can help clarify any information for you, please give us a call at 856-354-9444.

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