The Supreme Court has clarified and expanded the circumstances in which a landlord may apply by Order to Show Cause for a trial in a commercial landlord/tenant (LT) matter. The Court’s February 5, 2021 Order is attached.
The Court’s February 5, 2021 Order establishes a multistep process, consistent with the existing process for residential tenancies. The Order provides that (1) a commercial landlord can file an Order to Show Cause alleging emergent circumstances, either (a) involving something other than nonpayment of rent or (b) based on nonpayment of rent that threatens the landlord’s capacity to continue their business (in the case of a pending foreclosure or tax lien); (2) the court will evaluate the application and determine whether emergent circumstances exist and a hearing should be held; and (3) if the court finds that emergent circumstances exist, the commercial tenant will be notified and a trial will be scheduled. After that trial, if the commercial landlord prevails, judgment will be entered, and a warrant of removal can be issued.
Questions on this notice may be directed to the Civil Practice Division at (609) 815-2900 x54900.
/s/ Hon. Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: February 5, 2021