Lacrisha Grier v. Crystal Gibson

CourtNew Jersey Superior Court Appellate Division
DecidedJuly 22, 2025
DocketA-3875-23
StatusUnpublished

This text of Lacrisha Grier v. Crystal Gibson (Lacrisha Grier v. Crystal Gibson) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lacrisha Grier v. Crystal Gibson, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3875-23

LACRISHA GRIER,

Plaintiff-Respondent,

v.

CRYSTAL GIBSON,

Defendant-Appellant. ________________________

Submitted July 15, 2025 – Decided July 22, 2025

Before Judges Susswein and Vinci.

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. LT-010276-24.

The Law Offices of Levitt and Kazan, attorneys for appellant (Carl Levitt, on the briefs).

Lacrisha Grier, respondent pro se.

PER CURIAM

In this summary dispossess landlord/tenant action based on alleged

violations of the parties' written lease agreement and habitual late payment of rent, defendant Crystal Gibson appeals from a July 24, 2024 judgment for

possession entered after trial. Having reviewed the record in light of applicable

law, we affirm substantially for the reasons set forth in the trial court's oral

opinion.

I.

In May 2019, the parties executed a written lease agreement whereby

defendant leased the second floor of plaintiff Lacrisha Grier's three-unit rental

property located on Schuyler Avenue in Newark for $1,450 per month, due on

the first day of each month (the Initial Lease). The term of the Initial Lease was

"month-to-month starting on May 1, 2019." It is undisputed defendant paid her

rent late on numerous occasions, including several late payments in 2022. 1

On November 2, 2022, the parties executed a second lease agreement for

the property, which increased the rent to $1,600 per month (the Lease). The

term of the Lease was "month-to-month starting on January 1, 2023." The Lease

included the following relevant terms:

3. Rent. [Defendant] agrees to pay $1,600 per month, due on the first day of each month. . . . [Defendant] must pay a late charge of [seventy-five dollars] each payment that is more than [five] days late and [one

1 A rent ledger of defendant's electronic payments was entered into evidence at trial but is not included in the appellate record. Our recitation of the facts relating to the late payments is based on the trial transcript. A-3875-23 2 dollar] every[]day thereafter. This late charge is due with the monthly rent payment.

4. Use of Property. [Defendant] may use the [p]roperty only for the following purpose(s): Residential use only by [defendant] and Cesaera Gibson . . . .

5. Eviction. If [defendant] does not pay the rent within [fifteen] days after it is due, [defendant] may be evicted. [Plaintiff] may also evict [defendant] if [defendant] does not comply with all of the terms of this Lease and for all other causes allowed by law. . . .

....

7. Care of the Property. . . . [Defendant] agrees to maintain the property in as good condition as it is at the start of this Lease except for ordinary wear and tear. [Defendant] must pay for all repairs, replacements[,] and damages caused by the act or neglect of [defendant] or [defendant's] visitors. . . .

9. Animals. NO PETS[.]

Defendant paid her rent late on several occasions in 2023, and again on

February 8, 2024. On February 28, 2024, plaintiff's counsel sent defendant a

notice to cease (NTC) by certified and first-class mail. The NTC provided "[i]f

you do not immediately cease (stop) doing the acts complained of, you may be

evicted" for: (1) "breaching [plaintiff's] rules and regulations which were made

a part of the Lease . . . at the beginning of the lease term pursuant to N.J.S.A.

A-3875-23 3 2A:18-61.1(d) [2]"; (2) "violating the covenants contained in the

Lease . . . pursuant to N.J.S.A. 2A:18-61.1(e)(1)[3]"; "habitual late payment of

rent, pursuant to N.J.S.A. 2A:18-61.1(j) [4]"; and "being a tenant so disorderly as

to destroy the peace and quiet of the occupants or other tenants living in the

rental premises and/or neighborhood, pursuant to N.J.S.A. 2A:18-61.1(b) [5]."

The NTC specifically stated "[s]ince about the time you moved in, in May

2019, and now, [plaintiff] has observed that you consistently pay your rent past

the day it is due." "Additionally, there were months when the late fees in the

2 N.J.S.A. 2A:18-61.1(d) provides a person may be evicted if "[t]he person has continued, after written notice to cease, to substantially violate or breach any of the landlord's rules and regulations governing said premises, provided such rules and regulations are reasonable and have been accepted in writing by the tenant or made a part of the lease at the beginning of the lease term." 3 N.J.S.A. 2A:18-61.1(e)(1) permits eviction if "[t]he person has continued, after written notice to cease, to substantially violate or breach any of the covenants or agreements contained in the lease for the premises where a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, provided that such covenant or agreement is reasonable and was contained in the lease at the beginning of the lease term." 4 N.J.S.A. 2A:18-61.1(j) permits eviction if "[t]he person, after written notice to cease, has habitually and without legal justification failed to pay rent which is due and owing." 5 N.J.S.A. 2A:18-61.1(b) permits eviction if "[t]he person has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of the occupants or other tenants living in said house or neighborhood." A-3875-23 4 amount of [seventy-five dollars] per month were due[,] and you have failed to

pay said fees. Moving forward, kindly pay the full rent on or before the first of

each month."

The NTC also stated "the kitchen cabinets were damaged," and defendant

had "not paid for the kitchen cabinets to be repaired . . . in violation of

[p]rovision [seven] of the Lease." In addition, defendant was "making excessive

noise[] and . . . being rude and disrespectful to the other tenants[,] which

impacts their peace and tranquility in the rental premises." "Specifically, in or

about June 2023, [defendant] had a verbal altercation with the tenant who lives

on the first floor and at or about the same time, . . . [defendant's] niece had a

verbal altercation with [plaintiff] and used derogatory terms toward her."

Finally, the NTC asserted "[s]ince about November 2023, [plaintiff]

observed at least one . . . adult occupant and one . . . minor child occupant not

named in the Lease . . . residing within the rental premise." "On January 30,

2024, [plaintiff] observed the adult unauthorized occupant via video

surveillance of the premises. The unauthorized adult occupant is believed to be

a man."6

6 The NTC also alleged defendant violated the Lease by smoking in the premises. We need not address that contention because it was abandoned at trial. A-3875-23 5 On April 4, 2024, defendant paid her April rent late. On April 5, 2024,

plaintiff's counsel sent defendant a notice to quit (NTQ) by certified and first-

class mail demanding defendant "quit the premises[] and surrender possession

thereof to [plaintiff], on or before May 31, 2024." The NTQ asserted defendant

continued to "consistently pay [her] rent past the day it is due" and had "not paid

the late fees in the amount of [seventy-five dollars] per month when . . . said

fees were due."

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