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1401 Valley Road, Suite 302, Wayne, NJ 07470

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252 Boulevard, Hasbrouck Heights, NJ, 07604

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Mon-Fri: 9:00AM to 5:00PM

Saturday by appointment only

Sunday: CLOSED

Fax: 862-221-9293

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Disclaimer: The webpage is not intended to solicit or form an attorney-client relationship. An attorney-client relationship is only established upon signing a retainer agreement and paying the required fee. Please do not send any confidential information until an attorney-client relationship has been established. The information contained on this website shall not be construed as legal advice. I do not guarantee any result and prior results do not guarantee similar outcomes. This is an attorney advertisement webpage for informational purposes only. This is a debt relief agency.

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Landlord Eviction For Personal Occupancy and Non-Payment of Rent

On August 31, 2017, Goinski's prior counsel sent a third notice to quit, informing the tenants of his client's intent to personally occupy the property and demanding their eviction by 11:59PM on October 31, 2017. The parties appeared in Court in September 2017 to address the failure of rent payment from Georgas and Jennings. Allegedly, they withheld their rent due to conditions in their home, and the court ordered Goinski to make repairs prior to releasing withheld rent. Trial on Goinski's summary dispossess complaint was scheduled for October 30, 2017, where both parties entered into a consent judgement, granting Goinski a judgement of possession. The terms stated that the tenants were permitted to remain until January 31, 2018, provided they pay $2,000 in rent of the $4,000 owed. The consent judgement did not mention Goinski's previous intent to occupy due to his August 31, 2017 notice being premature at the time the consent judgement was reached. Nevertheless, Georgas and Jennings inquired whether or not Goinski lived in the apartment after their eviction.

Legal Issues Before the Appellate Court

The legal issue before the Appellate Division is whether Goinski was obligated to personally occupy the residency on the basis of his August 31, 2017 notice, such that his failure to do so would allow for compensation under the Anti-Eviction Act or the Consumer Fraud Act. However, the eviction of Georgas and Jennings was not based upon Goinski's notice to quit. Rather, when both parties mutually entered the consent judgement, Goinski waived his right to secure possession through intent to occupy and the tenants waived their right to damages if he did not comply.

How We Won an Eviction For Personal Occupancy Case For The Landlord

Regarding the Consumer Fraud Claim, as the consumers, Georgas and Jennings are required to demonstrate ascertainable loss as a result of unlawful conduct by the Landlord. In fact, the Court held that the notice to quit based upon personal occupancy was not wrongful. Irrespective of Goinski's intent to occupy, the existence or lack thereof of his occupancy of the residency is not considered material as he withdrew his expression of intent by agreeing to the consent judgement. Rather than suffering ascertainable loss, the tenants received discounted rent and were granted extended tenancy. Therefore, the landlord in this case is not liable to the tenant for damages under the Anti-Eviction Act and did not violate the Consumer Fraud Act.

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Connect With Us

Location:

1401 Valley Road, Suite 302

Wayne, NJ 07470

Satellite Office:

252 Boulevard 

Hasbrouck Heights, NJ, 07604

Office Hours:

Mon-Fri: 9:00AM to 5:00PM

Saturday by appointment only

Sunday: CLOSED

Phone: (862)-221-9291

Fax: 862-221-9293

Disclaimer: The webpage is not intended to solicit or form an attorney-client relationship. An attorney-client relationship is only established upon signing a retainer agreement and paying the required fee. Please do not send any confidential information until an attorney-client relationship has been established. The information contained on this website shall not be construed as legal advice. I do not guarantee any result and prior results do not guarantee similar outcomes. This is an attorney advertisement webpage for informational purposes only. This is a debt relief agency.


©2024 The Law Office of Charles E. Tempio, LLC, All Rights Reserved, Reproduced with Permission | Privacy Policy | Site Map