Filing for eviction in NJ

4 Replies

Hi everyone,

I have an eviction question. Unfortunately evictions aren't new to me however I wanted to know if anyone in the BP world has had success filing for eviction in New Jersey without an attorney if you are a LLC.

I wanted to file for eviction as a scare tactic for a lease violation however my attorney will charge me $250 to do so. I'd love to be able to avoid that if at all possible by filing myself but those of you who know the law know that a business is required to have representation. If anyone has attempted to file without representation for a similar reason as I just listed and have been successful could you let me know.

Thanks!

Steve

@Steve Boianelli I know in CT if you own the property in a LLC a lawyer has to do the eviction for you. Is it the same in NJ?

Hi Michael. Yes. In NJ you must have a lawyer if you are a LLC to file for eviction.

Steve, does your lease say whether the tenant could be liable for attorney fees as additional rent?  This is called fee shifting and a NJ judge will allow it as long as the fee is reasonable and your lease provides for it.  Confirm with your attorney. 

yes. Attorney fees are in my lease. If i have to use an attorney to enforce my lease, regardless of the outcome the fee is considered “additional rents”. 

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