Case Results

Landlord Wins Appellate Decision Against Tenant

I argued the cause for respondent, Edward Goinski, on appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-5718-19. Plaintiffs Alisa Jennings and John E. Georgas sued Defendant, Goinski, for treble damages and fees under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, and filed a claim under the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20. A summary of the case follows;

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. Their August 2019 complaint held two counts: (1) allegedly, they vacated the premises as a result of Goinski's notice regarding his intention to personally occupy, but then he "arbitrarily failed" to do so, and (2) such failure to occupy the property violated the Consumer Fraud Act. The Court granted Ghoinski summary judgement.

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.

Case Result

Dismissal With Prejudice

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