Nov 15, 2018

Appellate Division Holds that Eviction of One Tenant Permits Eviction of All Tenants

In a case arising out of a residential tenancy, the Appellate Division recently held that a sub-tenant whose conduct generated the tenancy action and was evicted also entitled the landlord to evict the original tenant.  Rampersaud v. Hollingsworth, - N.J. Super. – (App. Div. 2018).

Defendant, Ronald Hollingsworth, was a tenant in premises owned by the plaintiffs.  For a six-month period, he allowed Carlos Crayton to occupy the premises.  Crayton damaged the premises and was evicted pursuant to N.J.S.A. 2A:18-61.1(c).

Defendant Hollingsworth argued that only Crayton should be evicted and not he, because he did not cause the damage.  The Appellate Division disagreed.

The Appellate Division held that the eviction should not be limited to the tenant that caused the damage.  The court held that the Anti-Eviction Act does not permit the eviction of only blame-worthy occupants and does not assign fault among individuals but instead determines whether a tenancy should end.


For Schenck Price's Important Legal Alerts and Resources on COVID-19 Click Here.