New Jersey Eviction Process

8 Replies

Hey Bigger Pockets!! 

Questions, I recently bought a condo in NJ and it seems that tenant signed the lease without reading the lease and now is accusing me of wrong doing.  Either way, i'm curious to know if anyone has any idea of how long the eviction process takes?  I have units in PA and there is's a pretty quick process if you do everything right, but I'm not sure the process in NJ.  Also, does anyone recommend a good lawyer for the Monmouth County area of NJ?  

Thank you. 

@Anestis Kapolas

There are several variables with eviction and your post doesn't identify the issue.

However, generally speaking, it takes 6 weeks to be heard by a judge from the time you file.  They will likely send you to mediation in the hopes that you will be able to work it out with your tenant.  If you receive a judgement, it can be another 30 days before the Sheriff goes out.

Best bet is to try to negate the situation with your tenant if possible.

Good luck!

@Vincent Priore thank you for the reply. 

@Darren Sager , YES.... he was under impression that part of the security deposit was going to be used for the first months rent.  Even after I showed him that he is wrong and made it obvious to him that he did not read the lease correctly, he still continued to threaten me that he can drag out the eviction and cause me hell if I don't use security for rent.  He has only been in the apartment for a month and a half and this is how this relationship is going to go from here on out. 

I called my lawyer and gave him a heads up.  Lets see how this ends up.  

@Anestis Kapolas   NJ Law does not allow Security Deposits to be used for payment of rent from what I understand.  I'd ask your attorney to confirm that and once they do you can cite the the law to your tenant and let them know you won't break it for them.  I do believe that it's covered in the NJ Truth in Renting handout you should be giving all your tenants.  Do a search for it, you'll find it.

What makes filing for eviction interesting these days is that then they can't actually move anywhere, because the eviction is showing up in the background checks.  I had a tenant show up in court with his case worker (don't ask) who begged me to rescind the eviction and write them a letter saying it was all a misunderstanding so they could actually get a new place and move out. Talk about bad karma for me! But I did it to get rid of them.

What I'm wondering now, dealing with a tenant unhappy about her heat and threatening to withhold rent, is what happens to the eviction record if the court forces a reconciliation and they aren't made to leave. Does the eviction stay on their records? If so, that's a powerful weapon for us to discourage tenants who want to play hardball.

Did you screen this tenant?

I did screen the tenants.  He signed the lease and paid all the money to move in, but never read the lease.  He was under the impression that his security deposit was one months rent but in fact it was 1.5 months rent.  The remaining 1/2 security deposit happened to also be the same exact amount of the pro rated rent since he moved in, in the middle of the month.  So long story short, after explaining everything to him (which is clearly written in the lease), he still continued to argue and some threats were spoken towards me.  I was lost for words cause like I mentioned, it's all clearly mentioned in the lease.  So I spoke to tenant yesterday.  Seems that tempers have calm down, and after he apologized, he said he will make payment tomorrow, and also pay next month as well.  Lets hope he sticks to his word.  I'll keep you posted and thanks for everyone's  advice.  

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here