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Elias v. Berry

2005 WL 2675115 (N.J. Super. App. Div. 2005) (Unpublished)

LANDLORD-TENANT; EVICTION; NOTICE — Once a tenant moves out of its residential premises and a new tenant moves in, a court, because of mootness, will not overturn the judgment of possession against the original tenant even though there had been no jurisdiction at the time of the eviction because the landlord had not sent a notice to quit.

A residential tenant appealed from a judgment of possession. The Appellate Division held that the notice to cease contained the “requisite specificity of the nature of [the tenants’] offending behavior and the action required by them to cure the violations.” On the other hand, a notice to quit was required and it appears no such notice was given. That would have meant that the lower court lacked jurisdiction but the Appellate Division found the matter to be moot. Here, the tenants “left the premises over two years [earlier] and presumably an innocent third party now reside[d] in the same premises.” Therefore, the Appellate Division refused to displace that tenant and due to its inability to grant any relief to the tenants based upon the lack of notice, it dismissed the appeal.

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