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Keywords

trialleaseconstructive eviction
plaintiffdefendanttrialleaseconstructive eviction

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Reste Realty Corp. v. Cooper, 53 N.J. 444, 251 A.2d 268, 33 A.L.R.3d 1341

Facts

Joy M. Cooper leased a portion of a commercial building in Hackensack, N.J., for five years. After recurrent flooding from rainwater into her leased office space, Cooper repeatedly complained to the landlord's agent, who initially promised to remedy the situation. However, after the agent's death, the flooding continued, culminating in a significant flood on December 20, 1961, which forced Cooper to vacate the premises shortly thereafter. The lessor later sued for unpaid rent, claiming Cooper had abandoned the lease.

On May 13, 1958 defendant Joy M. Cooper, leased from plaintiff's predecessor in title a portion of the ground or basement floor of a commercial (office) building at 207 Union Street, Hackensack, N.J. The term was five years, but after about a year of occupancy the parties made a new five-year lease dated April 1959 covering the entire floor except the furnace room.

Issue

Did the lessee's complaints and subsequent actions constitute a waiver of her right to claim constructive eviction due to the landlord's failure to address the flooding issue?

Did the lessee's complaints and subsequent actions constitute a waiver of her right to claim constructive eviction due to the landlord's failure to address the flooding issue?

Rule

A tenant may claim constructive eviction if the landlord's actions or omissions substantially interfere with the tenant's use and enjoyment of the premises, and the tenant must vacate within a reasonable time to avoid waiving that right.

A tenant may claim constructive eviction if the landlord's actions or omissions substantially interfere with the tenant's use and enjoyment of the premises, and the tenant must vacate within a reasonable time to avoid waiving that right.

Analysis

The court found that Cooper's repeated complaints about flooding and her attempts to manage the situation demonstrated her hope for relief from the landlord. The significant flooding event that occurred just before her notice to vacate was deemed a reasonable trigger for her departure, and the court concluded that her delay in vacating did not constitute a waiver of her right to claim constructive eviction.

The court found that Cooper's repeated complaints about flooding and her attempts to manage the situation demonstrated her hope for relief from the landlord. The significant flooding event that occurred just before her notice to vacate was deemed a reasonable trigger for her departure, and the court concluded that her delay in vacating did not constitute a waiver of her right to claim constructive eviction.

Conclusion

The Supreme Court reinstated the trial court's judgment in favor of the lessee, concluding that she was constructively evicted and thus not liable for the rent claimed by the lessor.

Judgment of Appellate Division reversed and that of trial court reinstated.

Who won?

Lessee (Joy M. Cooper) prevailed because the court found that she was constructively evicted due to the landlord's failure to remedy the flooding issue, which substantially interfered with her use of the premises.

The Supreme Court, Francis, J., held that evidence supported determination that lessee of commercial office space, who complained about flooding from rainwater, hoped for relief from landlord, and tried to take care of water problem that accompanied recurring rainstorms.

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