Landlords in the Clifton area depend on their tenants to pay rent on time, to keep the property in good condition and not to cause trouble. After all, a landlord’s rental properties may be their main source of income, and they rely on their tenants to uphold the terms of the lease they signed. However, sometimes a lease is breached and a tenant needs to be evicted.
Why might a tenant be evicted?
There are a variety of reasons why a tenant in New Jersey may be evicted. One is the failure to pay rent in full. Another is acting in a disorderly manner. Also, tenants can be evicted if they damage or cause destruction to the rental unit, or if they violate the terms of the lease. Other reasons for eviction include being convicted of certain drug crimes or if the landlord must board up or demolish the rental unit for health or safety purposes.
What must landlords do to evict a tenant?
To evict based on a reason other than the non-payment of rent, the landlord must first provide the tenant with written notice to stop the behavior behind the eviction. The tenant then may have up to 30 days to remedy the situation.
If such a remedy does not occur, a landlord must file a lawsuit in the Special Civil Part of the Superior Court. Once a landlord obtains a judgment for possession from the court, they can have a Special Civil Part officer evict the tenant.
It is important to note that even if a landlord receives court approval to evict a tenant for failing to pay the full amount of rent owed, the tenant still has three businesses to pay the full amount of rent owed and if the tenant does so, they cannot be evicted.
Follow the law when evicting tenants
Landlords in New Jersey may be tempted to simply take self help measures and evict tenants who cause problems without going through the legal process. However, this can backfire as tenants may then have a cause of action against the tenant. Landlords should make sure they provide tenants with proper notice of eviction and give tenants the chance to remedy the problem. If that fails, landlords need to follow all legal processes for evicting tenants. Evictions are ultimately a legal action, so it is important that landlords seek the advice needed to ensure they are handling an eviction properly.
