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post #22 of Old 10-26-2012
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Re: Hauled Out & Marina Closes, What Happens?

Originally Posted by JimMcGee View Post
Here's the scenario:
  • You've paid your winter storage and your boat is hauled out and sitting on stands in the yard.
  • The marina goes bankrupt. There's no one to run the travel lift and the bank has liened everthing in sight.
  • Can you get your boat out, and how many hoops do you have to jump through to do it?

Has anyone encountered this situation?

Google "New Jersey Law, Tenant's Rights in Landlord's Bankruptcy"

While New Jersey Law is arcane, at best, in normal circumstances a tenant's right to occupy a leased premises (his or her "leasehold interest") is not extinguished with the bankruptcy of, or foreclosure on, a landlord's leased property, particularly when one has paid one's rent in advance, unless he/she has explicitly agreed to such a provision in the lease agreement beforehand. Examine your lease agreement carefully.


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