Legal Counsel During
Your Most Important Issues

Dealing with illegal occupants

Dealing with illegal occupants can present significant challenges for a landlord. It requires a systematic and diligent approach. It demands a thorough understanding of the legal framework and adherence to procedural requirements.

In New Jersey, the landlord-tenant court serves as a neutral entity where landlords can seek legal remedies for cases involving illegal occupants. Here are some key points to note:

Filing an eviction complaint

When you discover illegal occupants in your rental property, the first step is to file an eviction complaint with the landlord-tenant court. This initiates the legal process to regain possession of your property. It is crucial to ensure that your complaint includes specific details regarding the illegal occupants. Take note of their names, the evidence supporting their unauthorized presence and any violation of lease terms.

Court hearings

Once your eviction complaint is filed, the court will schedule a hearing. It is important to prepare a strong case by gathering all relevant documentation. Prepare lease agreements, written notices and any communication pertaining to the illegal occupants.

During the court hearing, you will have the opportunity to present your case before a judge. Provide factual evidence and avoid emotional language or personal attacks. Focus on the legal aspects, emphasizing the violation of lease terms or New Jersey’s landlord-tenant laws.

Possible outcomes

After considering the arguments and evidence presented by both parties, the judge will render a decision. The possible outcomes may vary depending on the circumstances. If the court rules in your favor, it will issue a judgment for possession. This will allow you to regain control of your property. The court may also order the illegal occupants to pay outstanding rent or other applicable damages.

Enforcement of the court’s decision

Once the court issues a judgment in your favor, it is your responsibility to enforce it. If the illegal occupants fail to vacate the premises voluntarily, you may need to involve law enforcement officers. It is important to follow the proper legal procedures and not take matters into your own hands.

While not mandatory, it is highly recommended to seek legal representation when dealing with illegal occupants. They can guide you through the process, help you prepare a strong case and ensure your rights are protected.



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