Search Rutgers Law Library N.J. Court Opinions

31 ALISA JENNINGS v. EDWARD GNOINSKI -- rank: 576

... OSTRER, P.J.A.D. Under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, an owner of a building with ... so the owner can personally occupy the tenant's unit. N.J.S.A. 2A:18-61.1(l)(3). But the owner may not remove a ... the tenant can recover treble damages and attorney's fees. N.J.S.A. 2A:18-61.6(a). In this case, a landlord sought his tenants ... to three residential units 'seeks to personally occupy [the] unit.' N.J.S.A. 2A:18-61.1(l)(3). But the landlord must first provide written ... demand for possession 'two months' . . . prior' to instituting the action. N.J.S.A. 2A:18-61.2(f). Also, before suing, the landlord must wait until ... the damages plus the tenant's attorney fees and costs.' N.J.S.A. 2A:18-61.6(a). Plainly, the statute is phrased in chronological ...

docket:	a2736-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-05
status:	Unpublished
citation:
Document Size:	31723

32 CCM COMPANY, L.P v. THOMAS TSELENTAKIS -- rank: 572

... a non-curable basis for eviction. The Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, permits the removal of a person ... the landlord's family or an employee of the landlord . . . ." N.J.S.A. 2A:18-61.1p. In this case, defendant admitted to having committed an ... of an action for possession in a case involving assault, N.J.S.A. 2A:18-61.2a, whereas one month's notice is required when the ... action for possession is based on non-payment of rent. N.J.S.A. 2A:18-61.2b. Further, non-payment of rent can be cured prior ... causing or allowing destruction, damage or injury to the premises, N.J.S.A. 2A:18-61.1c; and (2) committing assaultive or threatening behavior toward the ... employees, or (3) using, possessing, manufacturing, dispensing or distributing CDS. N.J.S.A. 2A:18-61.1n, o and p. The law does not require ...

docket:	a0937-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-27
status:	unpublished
citation:
Document Size:	37341

33 HOUSING AUTHORITY OF THE TOWN OF MORRISTOWN V. CATHY LITTLE -- rank: 572

... STEIN, J.     The issue presented by this appeal is whether N.J.S.A. 2A:18-61.1.a. The court also issued a warrant of removal ... remedy. N.J.S.A. 2A:18-53 to -60. N.J.S.A. 2A:18-61.1 limits the grounds for which residential tenants may be ... habitual late payment of rent, and destruction of the premises. N.J.S.A. 2A:18-61.1a to .1c, .1j.     A summary judgment for possession is ... tenant has been disorderly or has damaged the premises. See N.J.S.A. 2A:18-61.1.b and c. No such evidence was adduced before ...

docket:	a-54-93
court:	njsupreme
decided:	1994-04-11
status:
citation:	135 N.J. 274
Document Size:	54824

34 Franklin Tower One v. N.M. -- rank: 572

... from unjustified evictions is reflected by the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, which requires a showing of good ... the statement attached to L. 1974, c. 49, codified as N.J.S.A. 2A:18-61.1:     At present, there are no limitations imposed by statute ... action for eviction is instituted by the landlord. See also N.J.S.A. 2A:18-61.1a (setting forth legislative findings and intent of Anti-Eviction ... relations with their tenants. See , e.g. , Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12 (requiring “good cause” for eviction of ...

docket:	a-159-97
court:	njsupreme
decided:	1999-03-23
status:
citation:	157 N.J. 602
Document Size:	66807

35 GENSROAD ISHMAEL LLC VS. KIRK WALLACE, ET AL. -- rank: 572

... Ishmael, LLC (Gensroad), possession of an apartment unit pursuant to N.J.S.A. 2A:18-61.1(l)(1). Because Gensroad cannot satisfy the conditions necessary ... a judgment for possession in Gensroad's favor pursuant to N.J.S.A. 2A:18- - 61.1(l)(1), although plaintiff served defendants with a Notice to Quit, pursuant to N.J.S.A. 2A:18-61.1(l) without specifying a subsubsection. Defendants subsequently filed this ... granting a judgment of possession to Gensroad. Gensroad relied upon N.J.S.A. 2A:18-61.l(l) in its Notice to Quit without specifying a subsection, claiming only 'owner intends to occupy.' N.J.S.A. 2A:18-61.l(l)(1), the section the trial court relied upon ... To the extent plaintiff or the court intended to invoke N.J.S.A. 2A:18- 61.1(l)(3),1 that subsubsection also does not ...

docket:	a3948-22
court:	appellate
decided:	2024-06-28
status:	Unpublished
citation:
Document Size:	11568

36 /usr/local/share/www/libweb/collections/courts/supreme/a1295-12.opn.html -- rank: 569

... procedural requirements set forth by the Anti-Eviction Act ("AEA"), N.J.S.A 2A:18-61.1 to -61.12, in order to grant the tenancy ... notice to cease and notice to quit. We disagree. Under N.J.S.A. 2A:18-61.2, a plaintiff landlord must provide a Notice to Quit ... notice prior to the institution of the action for possession [.] [ N.J.S.A. 2A:18-61.2 (emphasis added)]. The notice to quit must "specify in ... if the certified letter is not claimed, . . . by regular mail." N.J.S.A. 2A:18-61.2. In order to comply with the specificity requirement, a ... tenants, like those in Ashley Court , that are covered by N.J.S.A. 2A:18-61.1. 6 Ibid. Second, and importantly to defendant here, the ... in the lease at the beginning of the lease term. [ N.J.S.A. 2A:18-61.1]. 6 The statute cited in the notice states: ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	37843

37 VINELAND MHC, LLC v. FRANK FERRETTI, JR -- rank: 569

... procedural requirements set forth by the Anti-Eviction Act ("AEA"), N.J.S.A 2A:18-61.1 to -61.12, in order to grant the tenancy ... notice to cease and notice to quit. We disagree. Under N.J.S.A. 2A:18-61.2, a plaintiff landlord must provide a Notice to Quit ... notice prior to the institution of the action for possession [.] [ N.J.S.A. 2A:18-61.2 (emphasis added)]. The notice to quit must "specify in ... if the certified letter is not claimed, . . . by regular mail." N.J.S.A. 2A:18-61.2. In order to comply with the specificity requirement, a ... tenants, like those in Ashley Court , that are covered by N.J.S.A. 2A:18-61.1. 6 Ibid. Second, and importantly to defendant here, the ... in the lease at the beginning of the lease term. [ N.J.S.A. 2A:18-61.1]. 6 The statute cited in the notice states: ...

docket:	a1295-12
court:	New Jersey Superior Court Appellate Division
decided:	2013-08-08
status:	Published
citation:
Document Size:	37921

38 WG ASSOCIATES v. ESTATE OF MATILDA ROMAN et al. -- rank: 567

... a new tenancy existed such that the Anti Eviction Act, N.J.S.A. 2A:18-61.7 to -61.12, or the Senior Citizens and Disabled Protected Tenants Act, N.J.S.A. 2A:18-61.22 to -61.39. Therefore, the allowed use of the ... representatives of such lessee or tenant." Id. at 569 (quoting N.J.S.A. 2A:18-61.22 to -61.39. This Act confers upon a qualifying ... a residential unit from the rental market to condominium ownership. N.J.S.A. 2A:18-61.24a & b. A protected tenancy lasts for forty years following the conversion. N.J.S.A. 2A:18-61.24h. However, the protected tenancy terminates when "the dwelling unit ... the principal residence of the senior citizen or disabled tenant." N.J.S.A. 2A:18-61.32a. Upon the termination of a protected tenancy, the ...

docket:	a4399-98
court:	njappellate
decided:	2000-07-13
status:	published
citation:	332 N.J.Super. 555
Document Size:	18162

39 B.J.FUNK REALTY COMPANY, LLC v. SAHAR ELSADANI -- rank: 567

... 4, 2016, plaintiff filed a verified complaint for eviction under N.J.S.A. 2A:18-61.1(c), alleging that by willful or gross negligence, defendant ... 140 N.J. 366, 378 (1995). The Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12 (Act), protects residential tenants from eviction ... permissible grounds for eviction and the associated notice requirements. See N.J.S.A. 2A:18-61.1 to -61.2. Absent proof of one of the ... 281 (1994). Plaintiff's judgment of possession was based on N.J.S.A. 2A:18-61.1(c). It permits eviction of a residential tenant or ... the Act must be complied with strictly. To evict under N.J.S.A. 2A:18-61.1(c), the Act requires that, No judgment of possession ... notice prior to the institution of the action for possession. [N.J.S.A. 2A:18-61.2(a).] Here, we agree with the trial court ...

docket:	a4396-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-14
status:
citation:
Document Size:	29460

40 WOODCLIFF LAKE ASSOCIATES LLC v. DANIEL RAYMOND -- rank: 565

... plaintiff was entitled to a judgment of possession pursuant to N.J.S.A. 2A:18-61.1(j), based on defendant's habitual failure to pay ... each month. The New Jersey Anti-Eviction Act (the Act), N.J.S.A. 2A:18-61.1 to -61.12, provides that tenants may not be ... residential purposes unless good cause for their removal is established. N.J.S.A. 2A:18-61.1. The Act states that one of the grounds for ... justification failed to pay rent which is due and owing." N.J.S.A. 2A:18-61.1(j). Where, as in this case, the landlord seeks ... provide the tenant with the notice to cease specified by N.J.S.A. 2A:18-61.1(j), as well as a written demand for possession ... month prior to the institution of the action for possession. N.J.S.A. 2A:18-61.2(b). The notice to quit must "specify in ...

docket:	a3315-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	20529

41 224 JEFFERSON STREET CONDOMINIUM ASSOCIATION v. EMANUEL G. PAIGE, SR., -- rank: 565

... J.A.D.     This appeal requires us to consider whether N.J.S.A. 2A:18-61.9 (section 61.9). The trial judge, relying in part ... unless the tenant was given a statement in accordance with [N.J.S.A. 2A:18-61.9] ;         (2) The owner of three or less condominium         . . . units ... 1 The statement referred to is the one contained in N.J.S.A. 2A:18-61.9. Footnote: 2      2 The legislative history provides some limited ... be reproduced as the first clause in any written lease . . . . [ N.J.S.A. 2A:18-61.9.]         In the case of (a) an owner of three ... but         (ii) need not provide the informational statement required in . . . [ N.J.S.A. 2A:18- 61.9.] Although section 2 was not enacted in the form ...

docket:	a0809-00
court:	njappellate
decided:	2002-01-10
status:	published
citation:	346 N.J. Super. 379
Document Size:	21374

42 DARNICE GREEN v. MORGAN PROPERTIES -- rank: 563

... an essential element of a claim for wrongful eviction under N.J.S.A. 2A:18-61.6(d), a curative amendment is possible; consequently, that claim ... of their three-count complaint, plaintiffs allege wrongful eviction under N.J.S.A. 2A:18-61.6. In support of that claim, plaintiffs allege that defendants ... prejudice, the court rejected the claim of unlawful eviction under N.J.S.A. 2A:18-61.6. In an oral opinion, the court relied on Community ... of their cause of action under the Anti-Eviction Act, N.J.S.A. 2A:18-61.6. They have not alleged they vacated their apartments in ... 1974, c. 49 ( C. 2A:18-61.1 et seq.). [ N.J.S.A. 2A:18-61.6(d) (emphasis added).] See Hale v. Farrakhan , 390 N ... purpose of the wrongful eviction causes of action created by N.J.S.A. 2A:18-61.6 is to protect tenants against pretextual evictions"); Spruce ...

docket:	a3203-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	40861

43 HOUSING AUTHORITY OF THE CITY OF BAYONNE v. YOLANDA HERNANDEZ -- rank: 560

... November 2010, plaintiff filed its complaint for possession based on N.J.S.A. 2A:18-61.1(b) (disorderly tenant), (c) (willful or grossly negligent damages ... gives a key to or allows into the apartment. [Regarding N.J.S.A. 2A:18-61.1(c), t]he arguments . . . that [defendant's] gross negligence ... all those involved, and injury for all those involved. [Regarding N.J.S.A. 2A:18-61.1(e)(2),] the illegal activity was the abandonment of ... that the judge erred by (1) finding a violation of N.J.S.A. 2A:18-61.1(e)(2) because neither defendant nor a covered person ... that the judge erred by issuing the judgment based on N.J.S.A. 2A:18-61.1(e)(2). "[F]ederally-subsidized public housing agencies, such ... proof used for a criminal conviction. [(Emphasis added).] Pursuant to N.J.S.A. 2A:18-61.1(e)(2), a PHA may evict a tenant ...

docket:	a2603-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-12
status:	unpublished
citation:
Document Size:	23313

44 VEENA SINHA v. DAVID P. FRUCHTMAN -- rank: 558

... that plaintiff had satisfied the grounds for eviction pursuant to N.J.S.A. 2A:18-61.1(l)(1), 4 and entered a judgment of possession ... dispossession set forth under the Anti-Eviction Act (the Act), N.J.S.A. 2A:18-61.1 to -61.12. One of the enumerated grounds furnishing ... them to a buyer who intends such personal occupancy. Specifically, N.J.S.A. 2A:18-61.1(l)(2) provides: No lessee or tenant or the ... Paige , 346 N.J. Super. 379, 390 (App. Div) (applying N.J.S.A. 2A:18-61.1(l)(2)), certif. denied , 172 N.J. 179 (2002 ... of the requisite Notice to Quit and Demand for Possession, N.J.S.A. 2A:18-61.2(f), was inadequate and deprived the court of jurisdiction ... A. 2A:18-53. Because plaintiff was proceeding pursuant to N.J.S.A. 2A:18-61.1(l)(2), we find that Fruchtman was entitled ...

docket:	a0647-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	25596

45 JOHN ZAKLAMA v. SUSANNE ZIEGLER -- rank: 556

... eviction statute by reading a so-called "subjective" element into N.J.S.A. 2A:18-61.6, for situations in which a landlord fails to honor ... for summary dispossession set forth under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12. One of the enumerated grounds furnishing ... purpose of the wrongful eviction causes of action created by N.J.S.A. 2A:18-61.6 is to protect tenants against pretextual evictions[.]" Ibid. (citations ... protect tenants from unfair treatment. We reject the notion that N.J.S.A. 2A:18-61.6 comprises an exclusive means to deter landlords from falsely ... the prospect of recovering treble damages and counsel fees under N.J.S.A. 2A:18-61.6. The harm sustained by the tenant in relocating may ...

docket:	a1253-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-29
status:	unpublished
citation:
Document Size:	62119