Are you searching for good eviction advice? This can be a challenging situation for you and getting an attorney to help you through the process would be very beneficial.
Eviction Advice | Using a Process Server for an Eviction
Once a landlord has been successful in obtaining a Judgment of Possession – in other words, the court orders the tenant to leave the premises – all New Jersey eviction cases preclude the landlord from availing himself of self-help in order to remove a tenant from his property. Instead, he must retain the services of a court constable.
The court constable is the individual who is authorized to conduct the actual lockout of the tenant, post the Warrant of Removal, and subsequently perform the physical eviction. The landlord is prohibited from conducting self-help evictions in the state of New Jersey.
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Eviction Advice | Required Notice Prior to Evicting a Tenant
The length of time for tenant notices may be different depending on the reason the landlord is pursuing an eviction. For instance, no notice is required in the case of non-payment of rent where the tenant has simply failed to pay rent. An eviction complaint may be filed with the Landlord-Tenant Court immediately and a non-paying tenant can be evicted forthwith.
If your tenant has engaged in conduct that violates the lease, your first requirement is to send them a Notice to Cease. That Notice advises the tenant that they are in violation of the lease, sets forth the specific lease provision they’ve violated, and advises them that they will receive a Notice to Quit and be evicted from the property if they continue to violate the lease. If, the tenant continues to violate the lease after having received a Notice to Cease, the landlord may send a Notice to Quit.
Eviction Advice | Notice Time Limits
The time period contemplated in a Notice to Quit is usually 30 days. After that 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 need not wait 30 days, while in some other scenarios a 60-day notice is required. For example, destruction of the landlord’s property has occurred because the tenant has recklessly or negligently damaged the landlord’s property, the tenant could possibly be issued a three-day Notice to Quit. If the tenant continues to remain in the premises after that notice is filed, the landlord can promptly file an eviction complaint.
If you need further eviction advice, please call our New Jersey landlord attorney today for free case review.