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Property Keyed to Saxer
Adrian v. Rabinowitz
Citation:
116 N.J.L. 586, 186 A.29Facts
Adrian entered into a lease with Rabinowitz on April 30 for property in the main business district in Patterson, N.J. By the terms of the lease, Adrian was to take possession of the leased space on June 15 for a term of six months and pay full rent up front, in lump sum. The prior lessee ignored the landlord‘s notice to vacate by June 15, and Rabinowitz instituted removal proceedings which were executed on July 7. Adrian took possession on July 9.
The trial court judge found for Adrian, and awarded a damage amount of $500. This amount was based on a finding of fact by the judge, wherein he found Adrian would have sold of $2,800 worth of seasonal merchandise had the lease terms been followed, but was forced to offload the merchandise for 25% under cost (depreciation). The judge awarded the defendant $25 in offset—the prorated rent Adrian owed for the time actually in possession of the property.
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