If you are considering purchasing property in the state of New Jersey to rent of if you are considering renting property from a landlord in the state of New Jersey you should be informed of the state laws. Knowing the laws New Jersey governs by when it comes to rental property and evictions can save all parties involved a lot of headache. Each state is allowed to have its own set of laws that must be followed when it comes to rental property and eviction.
Most of the time landlords and tenants have issues if the rent is not paid on time, the tenant exhibits disorderly conduct, the tenant causes destruction to the landlord’s property, rules in the lease are broken or the tenant is convicted of a drug offense. If the landlord is seeking to evict a tenant based on failure to pay rent or for violation of rules or lease, the landlord must first provide the tenant with a written letter clearly stating the problem and giving the tenant 3 days to fix it. If a year lease is involved and the landlord wished to terminate the lease, it may take as long as 3 months. Any other leases or agreements may be terminated with just 1 months notice.
If after written notice has been given to the tenant by the landlord and no actions have been taken to rectify the situation, the landlord may then file a formal complaint with the Office of the Special Civil Part Clerk in the county the rental property is in. The fee for filing this form is $20 if only one defendant is involved and an additional $2 for each other defendant. The landlord must also pay a mileage fee so an Officer can deliver the complaint.
Both the landlord and the tenant must show up the day of the court hearing on time and prepared to argue their case. If the ruling is for the landlord, the landlord may pursue a Judgment for Possession. This judgment can not be issued for 3 business days not counting the court date and is delivered by a Court Officer. Once the judgment is delivered, the tenant then had 3 days in which to remove all personal property from the rental property. If the tenant refuses to leave, the landlord can make arrangements with an Officer of the Court to come and have the tenant locked out of the property. A landlord is not allowed to keep any personal belongings of a tenant. The landlord must either allow the tenant to come get his belongings or have them stored at the tenant’s expense.
If on the court day the tenant pays the landlord any rental money due plus the cost of court, the landlord must let the tenant remain living in the rental property. The court case would then be dismissed.
Knowing the New Jersey laws on eviction can be beneficial to both the landlord and tenant. If there is ever a discrepancy, both parties will know there rights under the New Jersey law. Having a lease is another way that both parties can clearly see how they should act respectively. A signed copy of any lease agreement should be kept by both the landlord and the tenant.
