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329 Palisade Avenue, LLC. v. Jesus

April 9, 2008

329 PALISADE AVENUE, LLC., PLAINTIFF-RESPONDENT,
v.
ANGEL DE JESUS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Hudson County, Docket No. LT-9438-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued February 13, 2008

Before Judges Coburn, Fuentes and Grall.

Defendant Angel De Jesus appeals from a judgment of possession terminating his tenancy, entered by the Law Division, Special Civil Part. Defendant argues that plaintiff 329 Palisade Avenue, L.L.C., failed to satisfy the Anti-Eviction Act's strict notice procedures, N.J.S.A. 2A:18-61.2(a), thus depriving the trial court of jurisdiction. We agree with defendant's arguments and reverse.

Defendant has been a residential tenant occupying apartment number 5 at 329 Palisade Avenue in Jersey City for approximately five years. On or about June 18, 2007, plaintiff served defendant with three documents. The first of these documents denoted a Notice to Quit purported to terminate his tenancy.

Attached to this Notice to Quit was another document labeled a Notice Terminating Lease. Attached to these notices was a copy of a Notice to Cease, dated May 29, 2007.

The June 18, 2007, Notice to Quit reads as follows:

TO: Angel De Jesus 329 Palisade Avenue, Apt. 5 Jersey City, NJ 07606 [sic]

1. You presently rent apartment No. 5 at 329 Palisade Ave. in Jersey City, New Jersey. 07606 [sic]

2. On March [sic] 29, 2007 you were served with a Notice to Quit [sic] for, among other things, willful and/or grossly negligent damage to the premises.

3. Now you are served with a Notice to Quit that your tenancy is terminated as of June 25, 2007.

4. Demand is hereby made for possession.

The Notice Terminating Lease, also dated June 18, 2007, and attached to the June 18 ...


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