Legal Counsel During
Your Most Important Issues

Key eviction law tips for New Jersey landlords

Many people in New Jersey consider investing in real estate but may be concerned about how to handle difficult or dangerous tenants in their income properties. In most cases, tenants also want to avoid an eviction, but landlords can help themselves prepare for problems by being aware of their rights and the law. There are particular reasons why people are allowed to evict tenants, and being conscious of the law can help people enjoy successful, profitable properties.

Landlords cannot evict tenants simply because their lease has expired. Under state law, the lease shifts to a month-to-month lease after that time. The landlord can deliver a written notice to quit the property at the end of a lease, which requires the tenants to leave. If the tenant fails to leave, the landlord is often entitled to double rent for this period. In addition, landlords can change the terms of the lease, including increasing the rent, and require the holdover tenants to agree. However, if a landlord wants to evict based on a failure to pay the new increased price, he or she should be able to show a judge that the increased rent reflects the market rate and profitability.

In addition, it is important for landlords to keep up with their utility payments. If landlords fail to pay utility bills, the tenant can pay them instead in lieu of rent even if the tenant was responsible for excessive use. They cannot be evicted in this situation. In most cases, landlords can address this issue by keeping most utilities in the tenant’s name.

When landlords are dealing with the need to evict troublesome tenants, they can receive thorough information about landlord-tenant law by working with a real estate attorney. A lawyer may help landlords avoid technical errors that could hinder their attempts to remove bad tenants.



FindLaw Network
ABA | American Bar Association
Rated By Super Lawyers Peter G. Aziz
New Jersey State Bar Association 1899