New Jersey Landlords: A Tenant May Stop an Eviction by Paying the Judgment Amount
A recent New Jersey Appellate Division decision provides an important reminder to landlords pursuing a nonpayment eviction: the amount necessary for a tenant to stop the eviction may not always be the tenant’s entire current balance.
In Fairkings Partners, LLC v. Daniels, the landlord obtained a judgment for possession based upon unpaid rent. By the time the tenant attempted to stop the eviction, additional rent had accrued.
The landlord argued that the tenant should be required to pay everything then due and owing, not merely the amount reflected in the judgment for possession.
The Appellate Division disagreed.
The case involved the interpretation of the Stack Amendment, N.J.S.A. 2A:42-10.16a, which provides tenants in certain nonpayment cases an opportunity to avoid removal by making the required rent payment.
The important question was what amount the tenant was required to pay.
The Appellate Division held that the tenant could stop the eviction by paying the unpaid rent amount established in the judgment for possession, rather than automatically being required to pay additional rent that accrued after judgment.
The practical lesson for landlords is that the rent ledger and the amount necessary to stop an eviction may not always be the same.
Before proceeding with a lockout or responding to a tenant’s attempt to pay, landlords should confirm the amount legally required under the judgment and applicable law.
Law Office of Lawrence M. Centanni, P.C. represents New Jersey landlords in residential and commercial landlord-tenant matters.
