BIRCH v. HANLEY


735 A.2d 64 (1999)

324 N.J. Super. 286

Kevin BIRCH, Plaintiff, v. Donna HANLEY, Defendant.

Superior Court of New Jersey, Law Division, Special Civil Part, Monmouth County.

Decided April 28, 1999.


Attorney(s) appearing for the Case

Kevin Birch, Plaintiff, pro se.

No appearance was made on behalf of defendant.


MARK A. SULLIVAN, Jr., J.S.C.

This application concerns the continued viability of N.J.S.A.2A:65-3 in awarding landlords treble damages for waste committed by tenants. The Statute in question provides:

"A civil action may be maintained in the superior court against the tenant, and upon a finding that waste has been committed, treble damages shall be assessed or granted, and the defendant shall lose the thing or place wasted."

Although the...

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