Park & Caporrino

SUPREME COURT ALLOWING EVICTIONS UNDER CERTAIN CIRCUMSTANCES

The New Jersey Supreme Court is now allowing evictions of both residential and commercial tenants under certain emergent circumstances.

RESIDENTIAL TENANCIES

Residential tenants may be evicted if there is an emergent basis for the eviction. In the following circumstances a landlord can apply for an Order to Show Cause requesting that an expedited hearing be scheduled.

• The tenant is committing violence against other tenants or the landlord
• The tenant is engaging in criminal activities
• The tenant is committing extreme damage to the premises
• There has been the death of a tenant resulting in the vacancy of the rental unit
• There are other circumstances which may be viewed by the Court as “emergent” and deserving of an expedited hearing.

COMMERCIAL TENANCIES

A commercial tenant may also be evicted under emergent circumstances if,

• Any of the circumstances listed above in the case of a residential tenancy are present, or
• The tenant has vacated the property
• The tenant’s business is not operating and will not resume operations
• The landlord is facing foreclosure or a tax lien

In both residential and commercial tenancies, if the Court does schedule a hearing and a judgment of possession in favor of the landlord is entered, the Court can order an eviction if the Court finds that it is in “the interest of justice” to do so.

If you are a landlord and have an emergent situation with a tenant, contact Park & Caporrino. We have extensive experience in landlord-tenant law and can help to evict the tenant.