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Daskel Investors Inc. v. Rosenbloom

Decided: August 31, 1990.

DASKEL INVESTORS, INC., PLAINTIFF,
v.
WILLIAM ROSENBLOOM AND MRS. WILLIAM ROSENBLOOM, A/K/A BERNADETTE MURRAY, DEFENDANTS



Hornstein, J.s.c.

Hornstein

This is a landlord/tenant action.

Application has been made by defendants to stay a warrant of eviction and prevent the lock-out of defendants from their apartment.

The warrant of removal was to be executed on August 8, 1990.

Judgment for possession was entered July 20, 1989 under the provisions of N.J.S.A. 2A:18-61.1k -- conversion of the apartment building to condominium status.

Defendants had applied for comparable housing which was not provided. A stay of the warrant of eviction for one year as authorized was granted. The stay ended July 20, 1990.

On August 2, 1990, attorney for the landlord applied to the court for the issuance of a warrant of removal. The warrant was issued.

At the same time as the request for the issuance of the warrant (August 2, 1990), plaintiff's attorney tendered to the court an amount of money by trust account check of a principal of plaintiff-corporation, $2,161.56. This amount was the equivalent of six months' rent for defendant-tenants' apartment.

The offer of payment was refused by the court.

There is no indication that an offer of the six months' rent (five months relocation allowance and one month moving expense) was made to the tenants.

It is, therefore, presumed that no such offer was made and the first time the landlord tendered the money was on August 2, 1990.

Plaintiff claims the offer of the six months' payment is sufficient to prevent any further stays of the warrant of eviction. The contention of ...


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