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Commercial Real Estate Investment/commercial space rental no cert of occupancy
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Question
I am renting a comm space in NJ for about 7 months now and the landlord will not provide me with any info on obtaining the CO for the space- prior this storefront was a 3 bdrm to the apt behind the shop.
Beside no CO the conditions are deplorable and basement looks like there could be an asbestos issue.
Any advice is highly appreciated.
Melissa Cullen
Melissa:
Have you been paying rent, operating and doing business in the space for the last seven months? Or are you saying that you have not been able to get a certificate of occupancy, not occupied the space and have been delayed from starting your business for seven months?
I suggest that you go to your local government office (city hall) that deals with regulating commercial and residential property and have them direct you to the officials that enforce building codes and regulate commercial rental properties. They will have official records on file regarding the property you are involved with and will be well aware of what needs to be done in this situation. They will know if the landlord is legally allowed to rent the premises to you for use as commercial space.
If possible, take a copy of your lease agreement and a few digital photos of the condition of the premises to allow the officials a solid understanding of what you describe. Many times people exaggerate for one reason or another and without seeing a copy of your lease and evidence (photos) that clearly show the conditions you describe, a government official may be slow to proceed looking into the matter.
Check with a local landlord/tenant legal specialist to discover if you may have a legal right to recover any rent you have paid to the property owner if it has been leasing you space in violation of local laws.
Good luck,
-Jim
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Answers by Expert:
Jim Avancena, CPM
Expertise
Best qualified to answer questions that involve commercial leases, that is, basic issues as well as the often unexpected effects of the complexities and inter-relationships of the provisions a lease may contain, explain how seemingly innocuous text in your lease can have a major impact on a Tenant or Landlord and their business operations, and the common practices utilized in the industry. I can untangle most matters that may come up from the time a tenant begins searching for a office or store space and the lease acquisition process, concerns related to remodeling/improving the leased premises, moving-in, subletting or assigning the leased space, and a long list of problems that may come up during the lease term and even after a tenant moves out. I have practical experience with most property management issues and resolving landlord and tenant disputes - especially those involving what may appear to be overcharges assessed for additional lease charges like CAM costs, operating expense reimbursement, real estate taxes, utilities, construction improvements etc. Note that I am not an attorney and cannot provide legal advice.
Experience
Thirty years active experience in the commercial real estate industry as a licensed real estate broker in the Washington DC Metro area (DC, Northern Virginia & Maryland). I have been admitted (approved) by the Maryland and DC courts to testify as an expert witness on the subjects of Commercial Leasing and Property Management in the area of standard industry practices. I have had a business for the last 14 years advising virtually every form of business entity from large national corporations to the smallest ma & pa new businesses regarding a wide range of commercial real estate matters in addition to property management and commercial leasing.
Organizations
Currently my three children keep me so busy that it is difficult to participate in organizations with continuing and specific time requirements.
Publications
I publish a local commercial real estate newsletter titled: "Tenants First". My firm was the subject of a high profile Washington Post business section cover page (2.25 full pages) feature story on January 13, 1993; titled "Overcharging Overhead".
Education/Credentials
BA in Political Science from Memphis University, and five years of study in the real estate development summer program at MIT. I was certified as a commercial property manager (CPM-IREM), and currently hold a brokers license in Maryland and the District of Columbia.
Awards and Honors
The same plaques and honors that most others in my industry have earned. I have none that I consider especially meaningful.
Past/Present Clients
Past clients include: The World Bank, George Washington University, National Association of Criminal Defense Attorneys, US Department of Commerce, The American Benefits Council, K-Mart Development, many law firms, a national union, other major organizations, and many, many small business firms and retail operators that I am most honored to serve. I estimate more than 1,500 firms/organizations.
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