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Lowenstein v. Murray

November 15, 1988

JAMES I. LOWENSTEIN, PLAINTIFF,
v.
PETER MURRAY, DEFENDANT



Fast, J.s.c.

Fast

The issue involved in this action has not been reported in New Jersey. It requires N.J.S.A. 2A:18-61.1i to be harmonized with N.J.S.A. 2A:18-61.2e.

Plaintiff is defendant's landlord. Plaintiff served defendant with a proposed lease renewing an existing tenancy, together with a "Revised Notice Of Changes In Terms & Substance Of Tenancy." Defendant did not sign and return the proposed

renewal lease, and plaintiff commenced this summary action for possession.

The "Revised Notice" recited, inter alia:

2. PURPOSE OF NOTICE. Your landlord wants to make changes in the terms and conditions of your tenancy. In order to do this, your landlord must terminate (end) your tenancy and offer you a new tenancy subject to the changes.

3. TERMINATION OF TENANCY. Your present tenancy is terminated as of September 30, 1988. You must quit and vacate the property as of that date (date of termination). This means that you must move out and deliver possession to me, your landlord.

The substantive changes were spelled out also. The notice was served before September 1, giving at least one month's notice to defendant. There were no other notices served on defendant after the "Revised Notice" and before commencement of this action. The precise issue presented here is whether that one notice serves the requirements of both ยงยง 61.1i and 61.2e. Plaintiff contends that no other notices were needed. I find that an additional notice was required.

N.J.S.A. 2A:18-61.1i states:

The landlord or owner proposes, at the termination of a lease, reasonable changes of substance in the terms and conditions of the lease, including specifically any change in the term thereof, which the tenant, after written notice thereof, refuses to accept . . . [Emphasis supplied]

N.J.S.A. 2A:18-61.2 states:

No judgment of possession shall be entered for any premises covered by section 2 of this act [2A:18-61.1], except in non-payment of rent under paragraph a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of ...


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