How long does the eviction process take?

Question

how long does the eviction process take in NJ? and are tenants required to pay back any unpaid rent if they are evicted?

Chris Masons · Answer

HA HA, NO need to Ask you Will as I already have a VERY good idea how you know  :)

Shawn, Yes all my properties are in NJ. I have been through the eviction process several times (all for non payment of rent)

althought laws are very tenant friendly, never forget a Landlord is entitled to receive his/her rent on time on a continued basis and if you do not you have the right to evict.

hope this helps,
Chris

Will Barnard · Answer

Keep in mind that in many tenant friendly states, the "average" time could be much longer if the tenant wants it to be. A simple BK filing with provide a notice of stay and extend the eviction process. Ask me how I know this!

Shawn Mcenteer · Answer

thanks everyone!
Chris Masons did you experience take place in NJ?

Chris Masons · Answer

Hey guys,

I just did one about 3 months ago for Non payment. Long as you do everything correctly you are looking at a month to month and a half, 2 months max!!

I guess the other factor is how backe dup the courts may be. From the day I filied I got a court date 2.5 weeks later.

For anything other then non payment it can be longer as there are many factors that come into play and things can get tricky, but for non payment it isw pretty straightforward.

YOu will meet with a mediator before going in front of the Judge and if tenant cannot prove rent was paid you will win the judgement. YOu then have to fill out some paperworkk and wait an additional 3 days to file for the warrant for removal. Once you file that I believe you have to wait another 2 or 3 days to schedule the court officer out to do the actual eviction - of course if the tenant is still thre at this point....

hopw this helps!

Chris

Ibrahim Hughes · Answer

I don't do many evictions these days. Chris Masons may know better than me.

But George is right. Tenant friendly and Typical time is 3 mos (used to be at least 6 several years ago). And if I'm not mistaken you would have to file a separate complaint to try and recover the due rent.

George Paiva · Answer

I would think Jersey being similar to CT, Tenant Friendly that is.  It will be as short as one month or up to 6months.  Typically for NonPayment of Rent its 3months.  Lease Violation up to 6months.  All depends if you have your i's dotted t's crossed.

You may want to lawyer up or offer cash for keys.  Either way its not a easy process for the landlord.

Joshua D. · Answer

Shawn M. - The laws are different in every state, and I just don't know much about NJ.  Perhaps Joshua Marks, Ibrahim S or someone else from Jersey can jump in on this one.

As for tenants paying back, that depends on whether or not you get a judgement against them. I've gotten many judgements in my time, but have only collected a tiny percentage of those . . . eventually you come to write that off as the cost of doing business.