How the Resumption of Landlord/Tenant Matters Impacts Residential and Commercial Landlords

On June 4, 2021, Assembly Bill 5820 was adopted and Executive Order 244 was enacted which allow the State of New Jersey to set a date to resume residential evictions by January 1, 2022, or earlier at the Governor’s discretion. However, the Governor has not given any indication as to when the resumption of residential eviction actions will occur. Since March 19, 2020, New Jersey Governor Philip Murphy’s eviction moratorium in Executive Order 106 had prevented residential landlords from removing non-paying tenants from their property. Landlords were authorized to file Complaints for Eviction, however, the Court has not been scheduling trials nor effectuated Warrants of Removal to complete a lockout.

Commercial tenancies have not been afforded the same protections as residential tenants, as a Court Order and Notice to the Bar, dated February 5, 2021, provided commercial landlords a possible avenue to obtain eviction of their tenants. Specifically, landlords are permitted to file an emergent motion along with their complaint for eviction on an emergent basis if either the Complaint of eviction (a) involved something other than nonpayment of rent or (b) is based on nonpayment of rent that threatens a landlord’s capacity to conduct their business (for example, an impending tax lien or foreclosure). The Court will carefully review and determine whether each landlord’s current status meets the emergent basis threshold.

In addition to the above, since courts have not yet resumed in person appearances, the mediation and trial process continues through video conferencing. As a result, evidence has to be submitted to the Court prior to any hearing or appearance, and should be well organized and structured for ease of reference by the Court during the trial.

Accordingly, retaining knowledgeable legal counsel to assist you can be vital to ensure a decision in your favor due to both the continuing intricacies of the eviction moratorium as well as the change in the Court procedures.

If you are involved in an eviction action or need to initiate an action, whether commercial or residential, or have any questions on the eviction moratorium, please feel free to contact Rajvir S. Goomer, Esq. at rgoomer@hoaglandlongo.com or 732-545-4717 ext. 2107.