Golden Apple Holdings v. Estate of Perez – “Functional Tenant” Doctrine
New Jersey is a pro-tenant state and “functional tenant” case law adds another barrier to evictions.
Even where a lease explicitly terminates upon death, an occupant in premises leased by a deceased family member can be entitled to protection under the Anti-Eviction Act.
On June 22, 2020, the Appellate Division in Golden Apple Holdings, LLC v. Estate of Caridad Perez applied the “functional tenant” doctrine to reverse a warrant of removal.
