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Trespass Action in Sussex County

By Robert E. David posted 04-20-2020 03:40 PM

  
A client rented out his mixed use property.  The commercial tenant occupying the ground floor space resided on the 2nd floor.  In violation of the lease, and without notice to the client, the tenant permitted a 3rd party to occupy the premises.  That occupant then vacated and permitted another 3rd party to occupy, without consent from or notice to the client. No rent payments have been received for several months now, nor is anyone (other than my client) paying water or other utility bills.  The police were unwilling to remove the occupant.  The town was unwilling to discontinue utility service.  My client asked me if he could simply change the locks, but I cautioned my client about potential liability (however remote) for wrongful detainer.  I believe my client's recourse is to commence a trespass/ejectment action in Law Division.  After looking at the Superior Court-Sussex website, I think he'd have to file the complaint either electronically or by mail.  However, the website indicates the court is not conducting in person hearings at the courthouse.  I do not handle litigation.

So my questions for the group:

Can you recommend a pragmatic, experienced solo or small firm to take on my client's litigation matter?
Do you have any sense of how the covid closure and resulting backlog will affect trial dates in Sussex County?
Any other suggestions or comments?

Please respond to [email protected].

Many thanks.  Stay safe!

Bob David

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