104 N.J. Eq. 299 | N.J. Ct. of Ch. | 1929
The bill shows the complainant to hold a lease for a term of years to the basement and second and third floors of 8 West Park street, Newark. The defendant, lessor, evicted and still bars the complainant from the basement, and the complainant refuses to pay the rent reserved. The defendant-landlord brought suit in the city district court for a month's rent due July, 1928, and the complainant pleaded the part eviction, was overruled and judgment was entered against it. An appeal is pending in the supreme court. Since then the defendant brought six suits in the city district court, each for a month's rent for six successive months, and threatens to bring as many more as there are monthly rentals remaining, as they fall due. The only defense to the pending and threatened suits is the one unsuccessfully tendered in the suit in judgment and now under review. The prayer is to restrain the prosecution of the pending and threatened suits until the appeal is decided, so as to relieve the complainant *300 from the vexation and cost of defending a multitude of suits upon the single point of law adjudged against him and now before the appellate tribunal for correction. Security is offered by the complainant for the payment of all rent, past and future, should the decision be adverse. Unlawful eviction from the basement was found by the decree of this court on a bill by the complainant against the defendant to prevent the eviction. Preventive relief was denied and the complainant left to his remedy and defenses at law because the injury had passed equitable repair.
Eviction of a tenant by a landlord from part of leased premises works a suspension of the rent during the continuance of the eviction. Morris v. Kettle,
The defendant also argues that the complainant is not entitled to relief because it is collecting rent and itself not paying rent. The point is beside the mark. The injunction is to protect the complainant until the law court determines it is required to pay rent. On part eviction the tenant may enjoy the remaining portion of the demised premises without paying rent. Morris v.Kettle, supra. It is his privilege to sublet without paying rent.
The defendant offers to consolidate the trials of the suits now pending. That would, of course, lessen vexation but would not relieve the complainant from defending the threatened suits. Furthermore, it is not in the power of the defendant to consolidate the several necessary appeals.
A preliminary injunction will issue.