Harry’s Village, Inc. v. Egg Harbor Township
New Jersey Supreme Court
89 N.J. 576, 446 A.2d 862 (1982)
Facts
Harry’s Village, Inc. (Harry’s) (plaintiff) leased trailers to tenants (the tenants) (defendants), with periodic tenancies renewing on the first of each month. In 1979, Harry’s applied for and received permission from the Egg Harbor Township Rent Review Board (the board) (defendant) to increase rent, as required by a rent-control ordinance, but challenged the increase as inadequate. At a second hearing, the board further increased the rent. The landlord again challenged the increase as inadequate. The tenants claimed the rent increase was invalid because Harry’s had failed to serve a notice to quit. On May 24, while the court’s decision was pending, Harry’s served each tenant notice of the board’s rent increase and included a notice to quit the premises by June 27 if the tenant failed to pay the increased rent (the May 24 notice). The court subsequently raised the rent beyond the amount authorized in the second board hearing. On June 10, Harry’s amended the May 24 notice by serving each tenant with a copy of the court’s order increasing the rent (the June 10 amendment). On appeal, the appellate division ruled that the court-ordered rent increase had not come into effect because the May 24 notice to quit was invalid. Harry’s appealed.
Rule of Law
Issue
Holding and Reasoning (Pollock, J.)
Concurrence/Dissent (Pashman, J.)
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