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Hensyn, Inc. v. McCrae

A-0838-08T2 (N.J. Super. App. Div. 2010) (Unpublished)

LANDLORD-TENANT; EVICTION — A court may grant a tenant a reasonable opportunity to pay rent to its landlord after issuance of a judgment in possession, and it need not accept a rent deposit into the court as an alternative to paying the landlord.

A landlord sought to evict a residential tenant for non-payment of rent. The landlord’s property manager testified that tenant owed three months’ rent, as well as legal fees and court costs, each as provided for in the lease. The tenant testified that she had sent two checks to the landlord by certified mail, and introduced copies of the certified mail slip and delivery confirmation receipt. The landlord testified that the envelope contained only documents, but no checks. The lower court found the testimony that tenant had mailed envelopes as credible, but also found the landlord’s testimony that no checks were enclosed as credible. The lower court entered a conditional judgment for the landlord. It provided that tenant could pay the arrears within a short period of time by certified check.

The tenant did not comply, and instead filed an ex parte order to show cause to amend the judgment so that the funds could be deposited with the court. The lower court denied the application, and the tenant appealed the judgment of possession. The Court noted that the present appeal was moot, since the tenant had already vacated the premises.

Even if not moot, the Appellate Division affirmed the eviction order. The lower court’s specific findings were supported by the evidence. The lower court provided the tenant a reasonable opportunity to pay the rent, including a delay in its due date.

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