When it comes to the rental process, both landlords and tenants have legal rights and responsibilities. However, protecting the rights often requires following strict legal procedures. The NJ eviction lawyers at Greenblatt, Lieberman, Richards, & Weishoff, LLC represent either tenants involved in eviction proceedings. With over five decades of experience, we have helped clients on both sides of the lease through the complicated process of eviction.
Every situation can be different but in New Jersey, an eviction often takes between 6 weeks and 6 months. The time depends on how long each of the following steps takes:
In many – but not all – cases, a landlord is required to give notice before starting the eviction process. There are two relevant notices and one or both may be required. The first, Notice to Cease is a warning to the tenant to stop a violation or an eviction will be initiated. The second, Notice to Quit tells the tenant to leave the premises or the landlord will begin an eviction.
After service of the required notice, a complaint for eviction must be filed in court in the county where the rental is located. In addition to a verified complaint, the landlord must file a summons to inform the tenant of the action and a certification of the reason.
Roughly two to four weeks after filing the complaint, the court will hold a hearing. If one party does not appear, the court will likely decide against them. It is important to have evidence and witnesses, but both must meet strict requirements. For example, if the property is held by a business entity, the landlord will not be allowed to present its own case; a lawyer will be required.
Soon after the hearing, the court will release its decision. If the landlord prevails, the court will issue a Judgment for Possession.
If the tenant does not leave the premises after a judgment in the landlord’s favor, then after three weekdays and no more than thirty days from the date of the judgment, the landlord can request a warrant for removal. The tenant can then move out within three days, pay all past due rent and contest the warrant, or wait to be evicted.
The tenant may apply for a stay of the warrant, which can delay the time until move-out. If the court grants the tenant’s request, it can move back the move-out deadline by anywhere from one week to a year or more.
Even if the tenant leaves the property, the eviction process may not be finished. Tenants often abandon property at the residence. Landlords may have the right to dispose of the property but must follow strict rules that include written notice.
For both the landlord or the tenant, there are formalities and legal issues to consider at each step. Choosing an experienced eviction lawyer will help the process move along most efficiently.
Landlords are held to a high standard in New Jersey. The laws are less landlord-friendly than in many other states and honest mistakes in the eviction process can invalidate the proceeding. The bottom line is that hiring a professional is often the most economical way to handle an eviction. At New Jersey Eviction Law, we help landlords and property managers through the process, saving them from common and costly missteps.
“Good cause” reasons that landlords raise to end or not renew a lease include, but are not limited to:
If your tenant has not paid rent, call Greenblatt, Lieberman, Richards, & Weishoff, LLC to determine whether the COVID eviction moratorium applies in your situation.
Except in cases of nonpayment of rent, a tenant is entitled to written notice before instituting an eviction proceeding. The two types of notice that may be required are a notice to cease and a notice to quit.
Notice to Cease – If the tenant is engaging in disorderly conduct, repeatedly late rent payments, or breaking rules or other obligations of the lease, the landlord must serve a notice to cease. If the tenant resumes the behavior after the written notice, the landlord has the right to file eviction proceedings.
Notice to Quit – In certain cases, a landlord must serve upon the tenant a notice to quit (also known as a notice to vacate) before filing an eviction case. The length of time that the landlord must wait after the notice before filing an eviction depends on the cause.
When it comes to the rental process, both landlords and tenants have legal rights and responsibilities. However, protecting the rights often requires following strict legal procedures.
The NJ eviction lawyers at Greenblatt, Lieberman, Richards, & Weishoff, LLC represent tenants involved in eviction proceedings. With over five decades of experience, we have helped clients on both sides of the lease through the complicated process of eviction.