Birch v. Hanley

MARK A. SULLIVAN, Jr., J.S.C.

This application concerns the continued viability of N.J.S.A.2A:65-3 in awarding landlords treble damages for waste committed by tenants. The Statute in question provides:

“A civil action may be maintained in the superior court against the tenant, and upon a finding that waste has been committed, treble damages shall be assessed or granted, and the defendant shall lose the thing or place wasted.”

Although the genesis of this Statute dates back to England when the Statute of Marlbridge was enacted in 1267. There is very little recent case law on the subject.

In 1950…