Are you a landlord that is having issues with your tenant? Check out these 5 common landlord tenant questions, then call our attorneys today.
1) How Long Does it Take to Evict a Tenant?
The length of time required to evict a tenant varies because different counties carry widely different caseloads. In Northern New Jersey, where my practice is located, Hudson, Essex, and Union Counties have the state’s densest populations. Because of that, just getting a court date for an eviction complaint can typically take two to three weeks. In other counties, where the number of evictions is much smaller, that time can be as short as ten days.
2) How Much Does an Eviction Cost?
The costs of an eviction vary depending on the reason the eviction is being sought. Most landlord-tenant evictions are based on non-payment of rent, while others are based on other lease violations. Depending on the circumstances, the cost of a tenancy eviction can range from as little as $750 to as much as several thousand dollars, depending on such factors as whether it’s a commercial eviction or a residential eviction, and the matter’s complexity.
3) How Much Notice is Required for Eviction?
Depending on the reason for the eviction, the length of time for notices to the tenant may be different. For instance, in the case of non-payment of rent where the tenant has simply failed to pay rent, no notice is required. You may file an eviction complaint with the Landlord-Tenant Court immediately and evict a non-paying tenant forthwith.
If the tenant has engaged in conduct that violates the lease, you must first send a Notice to Cease, which advises the tenant that they’re in violation of the lease, sets forth the lease provision of which they’re in violation, and advises them that if they continue to violate the lease, they will receive a Notice to Quit and be evicted from the property. If, after having received a Notice to Cease, the tenant continues to violate the lease, the tenant is sent a Notice to Quit. Generally, the time period contemplated in a Notice to Quit is 30 days, after which time – if the tenant remains in the apartment or on the premises – the landlord can file a conviction complaint in Landlord-Tenant Court.
In certain instances, other than non-payment of rent, a landlord does not have to wait 30 days and other scenarios a 60-day notice is required. For example, if there’s been destruction to the property because the tenant has recklessly or negligently damaged the landlord’s property, the tenant could possibly be given a three-day Notice to Quit. Then, immediately thereafter, if the tenant continues to remain in the premises, an eviction complaint can be promptly filed.
4) What Should I Do if My Tenant Breaks the Lease?
When a tenant breaks a lease, the landlord has access to several remedies. First, the landlord can file a Civil Action against the tenant to seek payment of rent that would have been paid had the tenant complied with the lease. The landlord does, however, have an obligation to mitigate damages. For example, if a tenant breaks a lease with, say, four months left, the landlord can’t simply sue the tenant for the four months’ rent. First, the landlord must make reasonable efforts to rent the premises, and he must be able to document those efforts. Once the landlord makes that effort – but is not successful – he can seek to have the tenant pay all the monies that would have been paid under the lease, had the lease not been broken.
5) Should I Use a Process Server to Perform an Eviction?
In all New Jersey eviction cases, once the landlord has been able to obtain a Judgment of Possession – in other words, the court says that the tenant must leave the premises – the landlord must not avail himself of self-help in order to remove a tenant from his property, but must retain the services of a court constable. The court constable is the individual who actually conducts the lockout of the tenant, posts the Warrant of Removal, and subsequently performs the actual eviction. The landlord is prohibited from conducting self-help evictions in the state of New Jersey.
Are you a landlord that is having issues with your tenant? After reading these 5 common landlord tenant questions, contact our New Jersey Landlord Tenant Attorneys to schedule your free confidential consultation and case evaluation today.
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