Landlords- Evicting Deadbeat Tenants for Non-payment of Rent

LANDLORDS - EVICTING TENANTS FOR NON-PAYMENT OF RENT By Kenneth A. Vercammen Esq This article will briefly explore certain remedies and recommendations to landlords. Unlike big apartment complexes, many landlords in New Jersey do not have full time management companies handling the collection of rent. Yet all landlords should handle their payments as a business, just as big corporate landlords. WRITTEN LEASE A written lease is recommended for all rentals even for a month to month. Your lease should specifically require that the tenant pay the landlords attorneys fees if they fail to pay rent or breach the lease in any way. If a written lease does not provide for attorneys fees, the court cannot award attorneys fees. In addition, your lease should provide in writing for re-renting cost if the tenant breaches the lease. Many leases also provide for late fees. NON-PAYMENT OF RENT If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons Dispossess Eviction Complaint must be filed in the Supreme Courts Special Civil Part.The court-filing fee is less than $50. Different attorneys charge different fees depending upon the amount of work to be done. Your attorney can prepare the mandatory complaint and summons. Our minimum fee is $1,200, up front. Our consult fee is minimum $150. The court constable is required to personally serve the tenant with a copy of the complaint. The court clerk will fill out the date and time for hearing on the summons, which also will be served on the tenant. You and your attorney should appear on the date for hearing. If the tenant appears, parties sometimes work out a payment plan for rent with a stipulation of settlement and stay of eviction. The landlord and tenant usually agree if all rent is not paid according to the schedule, the court is directed to issue a warrant for possession. FAILURE OF TENANT TO APPEAR If the tenant fails to appear by the second call, you can pay an additional fee for a warrant of removal. This is obtained at the Special Civil Part Clerk, Tenancy Section Office. After waiting three days, the constable is given the warrant to serve at the tenants property. If the tenant still fails to move, arrangements can be made with the constable and locksmith to physically remove the tenants and change locks. REGISTRATION OF PROPERTY Most residential units most be registered with the town. It is a good idea to bring proof of registration when you go to court. Eviction Bill/ Services Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs Fill out the form Tenancy Summons. Prepare Letter to court to File Complaint Tenancy Division PO Box 1146 New Brunswick, NJ 08903-1146 Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St., New Brunswick, NJ 08901. Review Complaint, summons Court hearing notice and supporting documents, Travel to Middlesex County Courthouse Spoke with client Attendance at Judge mandatory opening statement, attendance at calendar call/hearing Meeting with client Minimum legal fee Eviction Bill/ Services Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs Fill out the form Tenancy Summons. Prepare Letter to court to File Complaint Tenancy Division PO Box 1146 New Brunswick, NJ 08903-1146 Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St., New Brunswick, NJ 08901. Review Complaint, summons Court hearing notice and supporting documents, Travel to Middlesex County Courthouse Spoke with client Attendance at Judge mandatory opening statement, attendance at calendar call/hearing Meeting with client KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW www.njlaws.com Landlord tenant eviction questionnaire - CLIENT INFORMATION SHEET Please fill out completely (Please Print) NAME __________________________________________________________ ADDRESS _______________________________________________________ CITY _____________________________ STATE _______ ZIP _____________ CELL-PHONE ___________________________________ (Area Code Needed) PHONE-DAY __________________________ NIGHT ______________________ E-MAIL ADDRESS _________________________________________________ TYPE OF MATTER: ________________________________________________ REFERRED BY: ___________________________________________________ If referred by a person, is this a client or attorney? If you heard about the law office on the Internet, which search engine? What search terms did you use? TODAYS DATE: __________________________________________________ DESCRIPTION OF MATTER: ______________________________________ ______________________________________ ______________________________________ QUESTIONS TO ASK ATTORNEY: ______________________________________ ________________________________________________________________ Eviction Details 1. Name of Plaintiff(s)/Landlord(s): ___________________ Name of all Defendant(s)/Tenant(s): ____________________ ____________________ ____________________ ___________________ 2. Address of Rental Premises: ____________________ Tenants Phone No.: ____________________ 3. The tenant(s) now reside(s) in and has (have) been in possession of these premises since ____________________________ (mm/dd/yyyy) under (check one) _______ written or _______ oral agreement 4. __ Check here if the tenancy is subsidized pursuant to either a federal or state program or the apartment is public housing. 5. Amount due. The (check one) (x) monthly or ( ) weekly amount that must be paid by the tenants(s) for these premises is $___________ payable on the _______ day of each (__) month or ( __) week in advance. COMPLETE PARAGRAPHS 6A, 6B AND 6C IF COMPLAINT IS FOR NON-PAYMENT OF RENT 6A. There is due, unpaid and owing from tenant(s) to landlord for rent as follows: $______ base rent for ___________ month $___ late charges, under paragraph ____, Line ___________ of written lease [no late fees unless set forth in written lease] $______ base rent for ___________ month $______ base rent for ___________ month $ _________ attorneys fees, as specifically provided for in the lease under paragraph ____, Line ___________ [no attorney fees unless set forth in written lease] ________ other (specify ___________), if permitted by federal law, local law and the lease. $______ court costs (fees for filing and serving the complaint) Total due as of this notice is $______________________ Amount due after first day of the next month $___________________ IF THE COMPLAINT IS FOR OTHER THAN OR IN ADDITION TO NON-PAYMENT OF RENT. ATTACH ALL NOTICES TO CEASE AND NOTICES TO QUIT/DEMANDS FOR POSSESSION. Landlord seeks a judgment for possession for the additional or alternative reason(s) stated in the notices attached to this complaint. STATE REASONS under the Lease or Violations of NJ Eviction Law What questions do you have? FILE A SPECIAL CIVIL PART COMPLAINT FOR MONEY OWED Most eviction complaints are evictions based only on non-payment of rent. The New Jersey Anti-Eviction Act places substantial notice requirement on landlords who wish to evict tenants for reasons other than non-payment of rent. If the tenant is able to pay the rent in full prior to warrant of possession, the court will let the tenant remain in the property. HOW TO GET YOUR MONEY The Tenancy Judge will not require the tenant to pay attorneys fees, damages and other costs. This court can only evict tenants, or permit tenants to remain if they paid the rent in full. To protect yourself and get all money due, file a money owed complaint in the Special Civil Part. The filing fee is less than $50. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500