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Willow 1327 LLC v. Pinheads, Inc.

A-906-98T3 (N.J. Super. App. Div. 2000) (Unpublished)

LANDLORD-TENANT; RENT; DEFAULT—Habitual late payment of rent is not a statutory event of default for commercial tenants.

A commercial tenant appealed from an order of eviction based upon habitual late payment of rent. It contended that the habitual late payment of rent is a statutorily created concept applicable only to residential rentals under the Anti-Eviction Act, whereas, in a commercial setting, the landlord’s right of reentry is governed by the provisions of the lease. In this case, the landlord’s form of lease specifically provided that reentry is available only after failure to pay the rent within ten days. It did not have a specific provision making habitual late payment of rent into a default that would give the landlord the right of reentry. Therefore, the Court agreed with the tenant that neither the statute nor the lease granted the landlord the right of reentry.

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