98 N.J.L.J. 937
November 6, 1975
Agent to Recover Possession or
Rentals Acting as Attorney Pro Se
The question presented here is whether or not the authorization contained in N.J.S.A. 2A:18-31 includes the right for the agent to act as his own attorney.
N.J.S.A. 2A:18-51 provides:
Tenancy created by agent; termination by owner; recovery of possession or rentals.
If real estate is leased by an agent of the owner thereof, in his own name or as agent, the owner, his assignee or grantee may terminate the tenancy as the agent might do. The owner or his duly authorized agent, assignee or grantee may institute and maintain proceedings in any county district court to recover the possession or the rentals thereof in their own names or in the name of the former agent, in the same manner and with the same effect as though the real estate had been leased in their own names.
It seems clear from the title and the first sentence, as well as from the terms of its legislative forerunner, L. 1905, c. 253, §1, that the primary (if not the only) intent of the legislature was to give the agent, or the owner if he was not the one who made the lease, status to maintain the action as plaintiff.
But is there a necessary implication that this statute permits the agent to act as his own attorney? This Committee thinks not.
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