To schedule a confidential consultation, call (732) 572-0500
Kenneth Vercammen & Associates, P.C. 2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, July 15, 2014

2A:42-2. Levy subject to landlord's lien; time of sale; notice

2A:42-2.  Levy subject to landlord's lien;  time of sale;  notice
 If any goods or chattels, in or upon any real property as provided by section 2A:42-1 of this title, shall be taken by virtue of any execution, attachment or other process and removed from the premises, the same shall not be sold by the sheriff or other officer so taking and removing them until 10 days after such removal, and not then unless the party at whose action such goods or chattels are so taken shall, before the sale thereof, pay to the landlord of such premises, such sum as he may be entitled to receive for rent under the provisions of said section 2A:42-1, provided the landlord shall, before the expiration of the 10 days above-mentioned, give notice to the sheriff or other officer holding such process of the amount of rent in arrear, and claim the same.  Such notice may be served by delivering the same to the sheriff or other officer, or by leaving a copy thereof at his usual place of abode.
L.1951 (1st SS), c.344.
2A:42-3.  Goods and chattels removed openly and in daytime;  notice to defendant    No such goods and chattels shall be removed from the leased premises by the  sheriff or other officer, except openly and in the daytime, and not then unless  such officer shall, at the time of such removal, give notice thereof to the  defendant, or, in his absence, to some person of his family residing on such  premises, of such removal.
L.1951 (1st SS), c.344.
2A:42-4.  Undertenant's liability for rent    When premises shall be underlet by any tenant, the undertenant shall be liable to the lessor or landlord for the rent which shall accrue from and after  notice in writing served for that purpose upon the undertenant, or which shall  be unpaid by the undertenant at the time of such notice, and the lessor or  landlord shall have all the remedy for the recovery of the same by distress;   but the rent to be paid by such undertenant shall in no case exceed the amount  agreed to be paid by the first tenant.  If only a part of the premises shall be  underlet, payment shall be required only for the part underlet, at a rate  proportioned to the rent agreed to be paid by the first tenant or lessee.

No comments: