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Cross v. Lefkowitz

A-5734-00T2 (N.J. Super. App. Div. 2002) (Unpublished)

LANDLORD-TENANT; EVICTION— A “daughter” of a family limited partnership that owns a rental apartment qualifies as an owner who personally wishes to occupy the apartment.

A family limited partnership leased a residential condominium unit to a tenant. Five months before the expiration of the lease term, the landlord notified its tenant that the lease would not be renewed. One month before the expiration of the lease term, the tenant said that she would not vacate the unit at the expiration of the lease term, but would remain as a month-to-month tenant until she found another apartment. After the landlord’s initial eviction suit was dismissed for insufficient notice, the landlord served the tenant with an additional Notice to Quit requiring her to vacate the apartment so that the landlord’s daughter could occupy the unit. The tenant challenged the eviction. She argued that since the landlord was a limited partnership, it could not have a “daughter.” If that were correct, then, under the anti-eviction statute the tenant could remain. The lower court disagreed. The Appellate Division affirmed. It found that if it adopted the tenant’s reasoning, the limited partners would never be permitted to occupy or sell the unit.

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