Shed v. Farm. Copy of complaint

by | Dec 29, 2021 | Samples legal papers

SHED, CHERYL C., Plaintiff              )       SUPERIOR COURT OF NEW JERSEY

57 Lightning Strike Way                              )       Law Division, Special Civil Part

Victory Lakes, NJ 08094                              )       Gloucester County

609-562-1258                                              )       Docket Number: L-004592-17

                                                                     )

FARM, JAKE S., Defendant         )

12 Khaki Place                                    )                               Civil Action

Sandyston, NJ 07827                       )                         COMPLAINT

848-339-1853                                              )

 

 

PARTIES

 

  1. Plaintiff, Cheryl C. Shed, has a home address of 25 State Road, Ridgewood, New Jersey, 07451.

 

  1. Defendant, Jake S. Farm, has a home address of 10 Insurance Way, Sandyston, New Jersey, 07826.

 

JURISDICTION AND VENUE

 

  1. This Court has jurisdiction over this matter pursuant to N.J. Const., Art. VI 3, 2.

 

  1. Venue in Gloucester County is proper pursuant to N.J. Ct. R. 4:3-2(a).

 

FACTS

 

  1. Farm owns seven boutique “glamping” (glamorous camping) cabins along the Appalachian Trail in Sandyston, New Jersey, which he rents to tenants from Memorial Day weekend to Labor Day each year.

 

  1. Each cabin rents for $6,000 and the rent is paid in three installments. The first installment of $2,000 is due by 12:00 p.m. on February 1, the second installment of $2,000 is due by 12:00 p.m. on July 1, and the third installment of $2,000 is due by 12:00 p.m. on August 1.

 

  1. On January 15, 2020, Shed signed the lease and paid her first $2,000 installment. She rented cabin #2.

 

  1. During the signing of the lease, Shed informed Farm that she was looking forward to enjoying a chic, quiet mountain retreat where she could relax during some unexpected home renovations.

 

  1. The lease between the parties is a short one-paragraph document. It contains the parties’ names, their permanent addresses, and the payment schedule as outlined in paragraph 6, above.

 

  1. The lease also contains the clause, “Tenant shall have a right to quiet enjoyment of the premises.”

 

  1. Shed took possession of cabin #2 over Memorial Day weekend.

 

  1. Florence “Flo” Gress rented cabin #3.

 

  1. Cabins 2 and 3 are separated by a thin strip of lawn, approximately five feet wide, and share a backyard fire pit and patio area, which features a hot tub, cabana, six Adirondack-style chairs, and an outdoor dining table with seating for ten.

 

  1. On July 1, 2020, Shed made the second rent payment of $2,000 as contemplated in the lease.

 

  1. Gress’ friend Dane “Mayhem” Winters, a YouTuber famous for attempting challenges and stunts, was a frequent visitor and overnight guest at cabin #3 during summer 2020.

 

  1. From Memorial Day through July 1, 2020, when Shed was in the backyard, she often overheard Gress and Winters discussing ideas for his YouTube channel in the hot tub or sitting at the table. These discussions typically involved Winters getting excited and beginning to get loud or starting to demonstrate a stunt. Gress always shushed him and warned of the dangers of what he was considering, making frequent suggestions that he purchase liability insurance. Although Winters could be loud at times, overall these conversations were within the realm of what Shed considered acceptable for a shared space, and she lodged no complaints.

 

  1. However, beginning at around 5:00 p.m. on July 3, 2020 and continuing through mid-morning on July 5, 2020, Gress threw a loud party in and around cabin #3.

 

  1. Party guests were seen and heard inside cabin #3, and also spilled into the driveway and shared backyard space.

 

  1. During the party, Winters broadcast live to his YouTube channel numerous times as he attempted various stunts and challenges. His antics attracted large groups of partygoers who chanted “Mayhem! Mayhem!” and otherwise cheered him on, squealed with delight, gasped in fear, or booed him loudly when his stunts failed. For these broadcasts, Winters used a microphone and speakers to capture his voice above the noise of the crowd.

 

  1. At various points throughout this three-day period, Gress joined Winters as an assistant.

 

  1. When Winters was not broadcasting, the speakers played loud music from local radio station WGKO 107.7.

 

  1. Local WGKO radio hosts Mike Wednesday and Chuck “the Duck” Afflack learned of Winters’ presence and broadcast their morning show live from the shared backyard area on July 4, 2020. From 6:00 a.m. to 10:00 a.m. the crowd’s chants also included the pair’s catchphrases: “Guess what day it is?” and “Chuck the Duck! Chuck the Duck!” 

 

  1. Party guests engaged in beer pong, cornhole, and other party games in the yard. Party guests used the fire pit and hot tub each night, and could be heard rabble rousing at all hours.

 

  1. From approximately 5:00 p.m. on July 3, 2020 until approximately 11:30 a.m. on July 5, 2020, there was constant noise, music, and yelling emanating from inside and around cabin #3.

 

  1. Shed was unable to sleep or relax during these three days. She was also unable to use the backyard amenities.

 

  1. Shed felt sick and tired and believed she was alone in her suffering, as cabin #2 is the only one to share common space with cabin #3, and no other residents seemed upset about the noise.

 

  1. Because it was a holiday, Shed decided it was futile to contact Farm and felt she had no recourse.

 

  1. Shed’s total displacement, exhaustion and frustration amounted to a constructive eviction from cabin #2.

 

  1. Shed packed her belongings all day and into the night on July 6, 2020, and left on July 7, 2020.

 

  1. Shed did not pay the last rent installment on August 1, 2020. 

 

  1. Due to Farm’s failure to provide premises that could be quietly enjoyed, Shed was forced to rent another property at considerable additional expense. She paid $5,000 for this second rental for July 7, 2020 through September 8, 2020.

 

Count I (Constructive Eviction/Breach of Covenant of Quiet Enjoyment)

 

  1. Plaintiff adopts and restates the allegations set forth in paragraphs 1-31 of this Complaint.

 

  1. Farm breached the covenant of quiet enjoyment by failing to address and remedy the excessive noise, rendering cabin #2 uninhabitable.

 

  1. This breach caused Shed to be constructively evicted from the premises.

 

  1. The Plaintiff, Cheryl C. Shed, seeks the following from the Defendant, Jake S. Farm:

 

WHEREFORE, Plaintiff prays that this Court order relief and issue judgment as follows:   

  1. A return of the $4,000 that she paid in rent to Farm ($2,000 on January 15, 2020, and $2,000 on July 1, 2020);

 

  1. Reimbursement of $3,000 for the difference between the rent she would have owed Farm for the remainder of the summer ($2,000) and the cost of the property she rented after vacating cabin #2 ($5,000);

 

  1. Attorney fees and costs in an amount to be incurred in having to prepare, serve, and defend this Complaint.

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