Supreme Court of New Jersey

447 Associates, a Limited Partnership of New Jersey, Plaintiff v. Carmen Miranda, Defendant-Appellant

July 10, 1989115 N.J. 522

Summary

The Supreme Court of New Jersey reversed the lower courts and held that a landlord cannot evict a tenant for nonpayment of rent when the nonpayment is caused by an unreasonable lease change, such as an imposed late‑fee provision, and that the landlord bears the burden of proving the reasonableness of such changes. The Court also clarified that a tenant’s continued possession does not constitute acceptance of every lease term and that the reasonableness standard applies to lease changes affecting payment timing and fees.