COMMERCIAL EVICTIONS, COVID 19 STYLE

In a recent blog, I discussed the state of residential evictions in New Jersey. Particularly I noted that while eviction trials were not being scheduled, the Supreme Court had issued an Order allowing landlords in “emergent circumstances” to apply for an Order to Show Cause for eviction. We further noted that we had successfully navigated this process and caused a delinquent tenant to vacate the apartment.

A recent Supreme Court order has made life a little easier for commercial landlords. Now the landlord may apply by way of Order to Show Cause for a trial in a commercial landlord/tenant matter. The landlord must establish “emergent circumstances” involving something other than nonpayment of rent, such as violence against other tenants, criminal activity, extreme damage to the property, death of the tenant, or permanent closure of the business resulting in the vacancy of the property.

Alternatively, the application for an Order to Show Cause may be based on non-payment of rent if the landlord can show that its capacity to continue its business, such as a pending foreclosure or tax lien, is threatened, or where the tenant has vacated the property or the tenant’s business is not operating and will not resume operations.  

If the Order to Show Cause is granted by the court, then the eviction trial will be scheduled and held, likely on a virtual basis. Then if the landlord prevails at trial, then the court will issue a judgment for possession and a warrant for removal.

Any expansion of the landlord’s recourse to remove a deadbeat or unruly tenant is always good news. And since our last blog, I have secured several Orders to Show Cause establishing those emergent circumstances.

We are here to assist all landlords, as well as selected commercial tenants.

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Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.

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