Submitted September 10, 2014.
Approved for Publication October 16, 2014.
On appeal from the Superior Court of New Jersey, Law Division, Special Civil Part, Hudson County, Docket No. LT-4325-13.
Law Offices of Joseph Cicala, L.L.C., attorney for appellant ( Mr. Cicala, on the brief).
Lonny Hirsch, attorney for respondent.
Before Judges FUENTES, ASHRAFI and O'CONNOR. The opinion of the court was delivered by O'CONNOR, J.A.D.
[437 N.J.Super. 483] O'CONNOR, J.A.D.
Following a summary dispossess hearing, plaintiff Benjoray, Inc. (landlord) obtained a judgment of possession against defendant Academy House Child Development Center (tenant), a child care center. Just before the hearing, the tenant unsuccessfully [437 N.J.Super. 484] moved to have the matter transferred from the Special Civil Part to the Law Division. Defendant appeals the denial of that motion and the judgment for possession. We reverse.
On December 1, 2011, the landlord and tenant entered into a commercial lease. The term of the lease, which commenced January 1, 2012, is five-years, with an option to renew for two additional five-year terms. The monthly lease payment was $15,000 when the lease commenced but, under the lease, the rent increases by three percent every year.
Paragraph 11 of the lease indicates that, before signing the lease, the tenant inspected the premises, found them in satisfactory condition, and accepted the rental space " as is." A rider to the lease states in pertinent part:
The tenant acknowledges that it has inspected and examined the rental space and has entered into this lease without any representations on the part of the landlord . . . as to the condition thereof and is leasing and accepting the rental space " as is" and " where-is." No representations or promises, except as are specified herein, have been made on the part of the landlord . . . prior to or at the execution of this lease and the landlord is not bound by, and the tenant will make no claim on account of, any representation, promise, or assurance, ...