6 Things To Know as a Landlord
If you’re a landlord and have questions about your tenants, read these 6 things to know as a landlord. Then, call our New Jersey lawyers today.
1) Written vs. Verbal Lease Agreements
Obviously, verbal agreements are those agreements that are not in writing – and they are virtually unenforceable in a Landlord-Tenant Court, except for the payment of rent because you can generally substantiate the payment of rent by keeping written receipts, showing the manner in which the payment is made. Without a written lease, the landlord is going to have serious difficulties trying to evict a tenant for other violations – at least what the landlord deems to be violation of the tenancy.
2) 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.
3) 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.
4) 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.
5) Tenant is Only Paying Part of the Rent
If a tenant pays only a portion of the rent that’s due, the landlord should accept that rent. However, the landlord should then seek proper counsel and file an eviction complaint against the tenant. If the landlord has a lease that designates all enforcement payments as additional rent, the landlord will be able to recover – not just the rent that’s owed – but also any late charges and fees, such as attorney fees and court costs the landlord had to incur in order to bring the tenant to court and successfully recover rents that are owed.
6) Tenant Refuses to Pay Rent
Non-payment of rent is the most common tenancy action that takes place in Landlord-Tenant Court. If the landlord has a lease with an additional rent clause, the landlord can file suit to evict the tenant in the Landlord-Tenant Court, and may also seek to recover all legal costs related to that, as well as any late charges. The tenant must provide an adequate reason why the rent wasn’t paid – such as not having access to the apartment, or damage or defects in the apartment in some manner that would cause a reasonable person not to pay rent. Unless a tenant can show that, then the tenant is going to be evicted. A judgment for eviction will be entered in favor of the landlord, and the landlord may proceed to have the tenant locked out of the premises.
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If you are a landlord and have questions about your tenants, read these 6 things to know as a landlord. Then, contact our experienced New Jersey Landlord Tenant Attorney Brian Freeman for strong legal help.