Eviction help

3 Replies

I have an eviction court hearing next week. What are my chances of winning and not getting evicted? I have violated two cease and desist orders and didn't leave when I should have by June 1st. The tenants below me say I'm constantly noisy but I don't think I am. I always paid my rent on time. Any advice would be helpful. 

Chase,

I cannot speak for NJ eviction law, but generally there are two types of evictions. Those for non-payment of rents and fees and those for violating lease terms.  It sounds as if you have violated the lease terms, but you do not elaborate, so it is hard to say.  If you have truly done nothing wrong, you can make your case in front of the Judge and it is on the landlord to prove you have violated their lease agreement.  They can do this with witnesses and good documentation of the issues.  If the judge finds you violated the lease terms, he may grant the eviction and usually will give you a week or so to move out.  Then you have an eviction on your record, and good luck finding another place decent to live.  OR, you can go to the landlord and ask them to drop the eviction if you move immediately and pay for the fees incurred.  That might save you more trouble down the road if you know you were in violation. If you did violate the lease, chalk it up to a lesson learned, move, and don't do it again!

Mike

Originally posted by @Mike B. :

Chase,

I cannot speak for NJ eviction law, but generally there are two types of evictions. Those for non-payment of rents and fees and those for violating lease terms.  It sounds as if you have violated the lease terms, but you do not elaborate, so it is hard to say.  If you have truly done nothing wrong, you can make your case in front of the Judge and it is on the landlord to prove you have violated their lease agreement.  They can do this with witnesses and good documentation of the issues.  If the judge finds you violated the lease terms, he may grant the eviction and usually will give you a week or so to move out.  Then you have an eviction on your record, and good luck finding another place decent to live.  OR, you can go to the landlord and ask them to drop the eviction if you move immediately and pay for the fees incurred.  That might save you more trouble down the road if you know you were in violation. If you did violate the lease, chalk it up to a lesson learned, move, and don't do it again!

Mike

 I violated the 2 Notices to Cease with loud noise and loud music. Tenants below me said I kept waking them up late at night, mostly after midnight and playing loud music, wearing shoes, banging my feet. I didn't think I was loud but I guess I was. 

Chase, I would suggest that you take Mike's advice really serious. If you plan to rent in the nearest future you will regret that you didn't work out things with your current landlord and get eviction history. Good landlords screen tenants and previous eviction is #1 red flag they look for. 

Looks like you did a couple of wrong things - it's still not too late to straighten things up!