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Jijon v. Custodio

Decided: February 28, 1991.

WILFREDO JIJON & MELIDA JIJON PLAINTIFF,
v.
IMMACULADA CUSTODIO AND FELIX CUSTODIO, DEFENDANTS



Hornstein, J.s.c.

Hornstein

This is a complaint to dispossess a residential tenant for violating the terms of a written lease, pursuant to N.J.S.A. 2A:18-61.1 e.

Following the completion of plaintiffs' case, a motion was made to dismiss the complaint on the basis that defendants were no longer in violation of the terms of the lease.

All evidence supporting plaintiffs is regarded as true; all inferences which can reasonably be drawn from the evidence submitted are rendered favorable to plaintiffs, Bexiga v. Havir Manufacturing Corp., 60 N.J. 402, 409, 290 A.2d 281 (1972).

On that basis, the facts are these:

Plaintiffs are the owners of a multi-unit residential building located at 596 Palisade Avenue, Jersey City.

Defendants are tenants in apartment #6 in that building, for which they pay a monthly rental of $565.90.

Defendant Immaculada Custodio is the mother of defendant Felix Custodio.

The parties signed a written lease for the subject apartment, dated November 1, 1989. The lease restricts the occupancy of the apartment to the two persons signing the lease.

From sometime in the summer of 1990 until about October 1990, two adult males -- "Juan" and "Pedro" were observed living in defendants' apartment.

A proper notice to cease, dated July 26, 1990, was served on defendants. A notice to quit dated September 24, 1990 was served on defendants. The ...


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