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Eviction backlog - Essex County NJ
My tenant hasn't paid rent in over a year - since September 2021. I filed for eviction but it's been a year, but I still don't have a court date. Does anyone have any idea how long the eviction backlog is in Essex County New Jersey? I've been very patient, but It's been very frustrating dealing with tenants who take advantage of the system. I've offered cash-for-keys, but they refused. I don't know what else to do.
@Jeff Ang, I don't know how New Jersey courts work, but what about a civil case. For example if they owe you $10k in rent take them to court for the rent, but keep the eviction process going separately.
If you can get a court date for the owed rent soon, when they don't pay the judgement you may have an easier time enforcing against them since you know where they live right now! Send the sheriff down to take whatever personal possessions like cars they are able to take by enforcing that judgement.
Another idea is to raise the rent! I am assuming they are month to month at this point. So, they don't really need to agree to a rent increase. The fact that they stay is their consent I believe. So, raise the rent as much as legally possible and also raise the late fees as much as possible. If you are ever able to collect it might as well be an amount worth collecting!
Just some off the cuff ideas. Not sure how well either will work but you are obviously in a unique situation.
@Kevin Sobilo Thanks for the advice. I actually filed a civil case five months ago, in June 2022. But that is not moving either. And yes, I also did raise the rent back in February to what the town legally allows, although I didn't think about raising the late fee.
I don't think I can collect anything from them. I'd be happy to just get them out.
I hear your frustration I am in the eviction process in Morris County, it is going good though so far. Are you using an attorney? I could refer you to the one I am using. I am not sure if the courts go in any specific order or if attorneys are able to get through quicker since they are there much more often than the average person.
Basically even when you do evict them you should be able to put a judgement on them. Just a heads up when you go to court they will most likely offer them a list of charities to try and work with and give them a month or so to try and get approved. If they get approved and they catch them up on their rent than they can legally stay until being evicted for another reason or if they fall behind again etc. If they can't get approved for charity assistance or anything else than they will get an eviction date. reach out to me if you want I can send you my attorneys info he has been good.
One mistake to make sure you don't make is do not try and evict for payments before they lifted the eviction restrictions. This will have your case denied and you'll have to start over taking even more time. You can however evict for rents after they lifted the eviction restrictions and add anything before the eviction restrictions where lifted to moneys owed through a judgement etc. (I am not an attorney this is just some of the things I have been seeing and strategies I have seen to try and attempt to get money back in NJ)
Hi @Jeff Ang Newark, NJ can be very tough. IMO one of the reason why not much changes in the city is the fact the rent control and eviction laws are some of the strictest in the world. Newark is very slow and if tenants know what they are doing this can be dragged out even longer. If you have a way of owner occupying or you can show you intend to owner occupy this may be a loophole for you to get them out, fortunately NJ will side with the landlord in owner occupying situations. You should ask your attorney if there is am angle you may be able to use, its worked for us in the past with tenants we acquired.
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Real Estate Agent New Jersey (#1326442)
- https://shawnmcenteer.exprealty.com/
It does sound like you need to invest in an attorney.
The courts in essex county are so backed up, its extremely frustrating. We have multiple people that have not paid a dime of rent since the middle of 2020, some of them have then convinced other tenents in the buildings they are in that they also dont need to pay.
The courts are SLOWLY working through the backlog of cases but our attorneys expect that we will be back to normal sometime late 2023. Its very frustrating becuase I am sure everyone who works for the city, the courts, ect all got paid their salaries during whatever we want to call the last 2 years while there were not court cases, except to sue landlords for garbage tickets, but now if you asked them to work overtime or pressure to move faster to help clear the backlog of cases, they are lucky to get through the 10 cases a day they agree to hear.
Also the landlord tenant court case process changed dramatically to make it way more difficult for landlords since the eviction bans, its no longer summary judgement, so make sure that you have a good attorney who has all the paperwork filed and supporting documents for your day in virtual court, becuase getting a court date in essex county is not easy or quick
i'm waiting more then 2 month now , for an adjacment court date in Newark NJ ,for squaders i have evicted from the upper units and they have simply moved into the baesments ............. they wanted 10K and give me a disscount for 7K cash for keys .........i don't trust them with that , since they don't act as humens at all .........
I've been in the same boat as you in Essex & Sussex. Sussex is faster and Essex is the worst in the state. Have you tried to help them get assistance through the DCA in the Eviction Prevention Program? It takes a few months but they will also pay the rears.
Hope this helps and sympathize with you.
we are finally starting to get some court dates, is anyone else seeing the same in essex county?
Unfortunatly now we have to go to mediation where the tenants can try and work out with a court mediator (who we have to pay) and we are required to be represendted by attorney, who we pay, what they can do since they have not answered a phone call, opened their door, or paid a single dollar of rent in some cases for over 24 months....
After we are unable to come to a resolution then we get the privilage of paying our attorney to come back for an actual court date at a later point.