How is NJ eviction process

Question

tenant has not paid rent for one month.. she has no plan how she will have fund to pay on time each month.

shall call the lawyer for eviction, right?     In NJ, tenant will cover all count and lawyer fees for landlord?

The lawyer will process everything?

What if tenant pays the rent during eviction process?   do landlords still pay the attorney fees?

Steve Boianelli · Answer

Call a lawyer now! Evictions can be a mess. I’ve been through two in NJ. There are a lot of ins and outs so I don’t want to misinform you with my  “non legal” advice but one wrong step in the process and you start over so seek legal council.

As for lawyers cost, it needs to be in your lease. However, the chances of you ever receiving that money is slim.

Just get that tenant out. The process can take about two months. Talk with your lawyer if you plan to accept any money from the tenant. I’m sure there are other BP members that can offer better legal advice than me but I think it’s safe for me to say that many will agree to start the process now! Good luck and I hope it goes smoothly for you.

Judy Parker · Answer

Your residential lease should state that the rent is due on the 1st of the month. If the rent is not paid by the 5th of the month, there is a $100 Late Fee.  If the rent check(s) are returned NSF, there is a $50.00 fee.  If rent is not received by the 10th of the month, FILE on them!  Don't waste time.

Vincent P. · Answer

I am not a lawyer, but the eviction process for non payment of rent in NJ is pretty straightforward. You do not need to file a notice to quit, just an eviction. Your tenant could pay before court. What you should do is file a Notice to Cease for late payment of rent. After a notice to cease you can file a Notice to Quit and eviction if they pay rent late two more times. I would get in the habit of filing a Notice to Cease to at lease get it on file with all tenants.

Chris Masons · Answer

Don't stress, If you have a non paying tenant the process is fairly simple. If you have never been through it before you should hire a competent  attorney, however once you learn this process it can easily be  handled by yourself assuming your property isn't held in an LLC.

Although the laws are very tenant friendly, the law states that a Landlord is entitled to receive his/her rent on time and in it's entirety every month - assuming Landlord is doing their part of course

Evictions for things other than non payment can get tricky as proper notice is required and a host of other things.

If you have questions please feel free to PM me.

thx and good luck

Chris

Hozona B. · Answer

Yeah you better find attorney fast in NJ the tenants have more rights than the landlord. Some tenants are professionals at going to court for eviction they know their rights better than the landlord.

Truth-in-Renting Act - State of New Jersey

Vaughn Smith · Answer

You might want to reach out to @Jessica Zolotorofe she's a great Real Estate lawyer in NJ, I would start with her. @Etahn Smith

Alex Deacon · Answer

@Etahn Smith The key for any landlord is to make sure you take your time and screen tenants the best you can and get rid of them as quickly as possible. Try to set up a payment plan but seek out the advice of an attorney who knows the process and start the eviction as soon as you are legally allowed to start. Here we have to give a 10 days notice to pay unless its written in the lease otherwise.

Erik Cabral · Answer

@Etahn Smith I'm currently going through my second eviction with the same tenant. He showed up at court with the payment the first time and payed the following month late (December 2017). He hasn't payed rent this year so he'll have to come up with a hefty sum to get out of it this time. As some have mentioned here it could take some time depending on the situation. Filing ASAP is always the best course of action!

PM me if you need more details. Good luck!

Kelly Arthur · Answer

@Etahn Smith I just went through the process. Inbox me and I can walk you through my experience.

David Smith · Answer

If a tenant does not pay rent, the landlord is not required to give the  tenant any notice before proceeding with an eviction lawsuit (see New Jersey Stat. Ann. § 2A:18-61.2). As soon as the rent is late, the landlord can proceed with filing an eviction lawsuit.

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My concern is what if tenant pays rent during eviction proceeding.   Eviction stops there?

How is NJ eviction process

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