If you are a landlord, you more than likely have to deal with evicting tenants eventually. Here are three considerations for evicting tenants.
Evicting Tenants | Cost of Evicting Tenants
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.
Evicting Tenants | Notice Required Prior to Evicting Tenants
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 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.
Download Our Free Landlord Guide
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.
Evicting Tenants | 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 to remove a tenant from his property but must retain the services of a court constable. The court constable is the individual who 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.
If you need guidance for evicting tenants, please call our New Jersey office to get a free initial consultation with our NJ Landlord Tenant Lawyer Brian Freeman.