NEWARK, NJ – The Superior Court of New Jersey’s Appellate Division ruled this month that tenants facing eviction for nonpayment of rent can avoid removal by paying the rent amount listed in the judgment of possession, not the total rent owed at the time of payment. The decision, issued December 8, interprets the “Stack Amendment” to the Fair Eviction Notice Act, which was enacted in 2020 to give tenants one final opportunity to prevent eviction through payment.
The case, Fairkings Partners, LLC v. Essence L. Daniels, arose after Fairkings Partners, a property management company operating a 99-unit complex, sought to evict tenant Essence L. Daniels for unpaid rent. Daniels had leased an affordable housing unit at $1,029 per month, and by early 2024, Fairkings alleged she owed more than $5,400 in rent and fees. After Daniels failed to appear in court, Fairkings obtained a judgment of possession and sought a warrant for removal.
When Daniels later offered to pay the rent amount set out in the judgment to stop the eviction, Fairkings argued that she was required to pay the full balance then due, which had grown since the judgment was entered. The trial court disagreed, ruling that the “Stack Amendment” allows a tenant to cure nonpayment by submitting the amount established in the judgment of possession.
Writing for the appellate panel, Presiding Judge Gilson affirmed that interpretation, stating that the judgment of possession represents “the judicial determination that allows a landlord to evict a tenant” under the state’s Anti-Eviction Act. Judges Firko and Perez Friscia joined in the unanimous decision.
The ruling provides clarification for landlords and tenants on how the state’s post-judgment payment provision applies in eviction cases, reinforcing that tenants can preserve their housing by paying the amount identified in the court’s judgment, even if additional rent has since accrued.