To schedule a confidential consultation, call (732) 572-0500
Kenneth Vercammen & Associates, P.C. 2053 Woodbridge Avenue - Edison, NJ 08817


Saturday, August 26, 2017

Obtaining Warrant for Removal after eviction hearing

Obtaining Warrant for Removal after eviction hearing
If a landlord obtains a judgment for possession, the landlord may apply to the Office of the Special Civil Part for a warrant or removal, which permits the landlord to force the tenant to move out of the rental premises. The fee for a warrant of removal is $35 plus the applicable Special Civil Part Officer’s mileage fee. A second mileage fee will also be required to be paid to the Special Civil Part Officer directly, if it is necessary for the officer to revisit the residential rental property and execute the same warrant of removal that the officer previously served upon the tenant. The Special Civil Part Office staff can inform the landlord of the applicable mileage fees. The warrant of removal may not be issued to a Special Civil Part Officer until the expiration of three (3) business days (not counting the court day) after the judgment for possession is granted. 
The Special Civil Part Officer is required to provide a residential tenant at least three (3) business days to move all persons and belongings from the premises. Again, this date does not include holidays, weekends or the date that the warrant of removal was originally served by the Special Civil Part Officer upon the residential tenant. The Special Civil Part Officer is not required to provide a commercial tenant with any three business day notice, as the officer can serve the warrant for removal and evict the commercial tenant at the same time. 
If the residential tenant does not move out after three (3) business days from the date that they were served with the warrant of removal, the landlord must arrange with the Special Civil Part Officer directly to have the residential tenant evicted or locked out. The Special Civil Part Officer will tell the landlord the fees charged for this eviction, which cannot be greater than $50, and the landlord pays this fee and the second mileage fee to the Special Civil Part Officer directly. 
Following the eviction, the landlord must allow the tenant remove personal belongings from the premises. If a tenant vacates the rental premises but fails to move their personal belongings, the landlord must still comply with the provisions of the New Jersey Tenant’s Abandoned Property statute. Source:
https://www.judiciary.state.nj.us/forms/11483_landlord_tenant_faq.pdf

Middlesex Tenancy 732-519-3754


More details at http://www.kennethvercammen.com/landlord.html

the court will fill out a form that says in part

To: Name of Court Officer
(Special Civil Part Officer)
You are hereby commanded to dispossess the tenant and place the landlord in full possession of the
premises listed above. Local police departments are authorized and requested to provide assistance, if needed, to
the officer executing this warrant.
To: Name of Defendant
(Tenant(s))
You are to remove all persons and property from the above premises within three days after receiving this
warrant. Do not count Saturday, Sunday and holidays in calculating the three days. If you fail to move within
three days, a court officer will thereafter remove all persons from the premises at any time between the hours of
8:30 a.m. and 4:30 p.m. on or after ________________ (month) _____________ (day), _____________ (year).
Thereafter, your possessions may be removed by the landlord, subject to applicable law (N.J.S.A. 2A:18-72 et
seq.). The 3 day provision applicable to residential tenants does not apply to commercial property. Commercial
tenants may be evicted at the time the warrant is served.
It is a crime for a tenant to damage or destroy a rental premises to retaliate against a landlord for starting
an eviction proceeding in court and in addition to imposing criminal penalties the court may require the tenant to
pay for any damage.
You may be able to stop this warrant and remain in the premises temporarily if you apply to the court for
relief. You may apply for relief by delivering a written request to the Clerk of the Special Civil Part and to the
landlord or landlord's attorney. Your request must be personally delivered and received by the Clerk within three
days after this warrant was served or you may be locked out. Before stopping this warrant, the court may include
certain conditions, such as the payment of rent.
You may also be eligible for housing assistance or other social services. To determine your eligibility,
you must contact the welfare agency in your county at (address) ,
telephone number (XXX) XXX-XXXX.
Only a court officer can execute this warrant. It is illegal and a disorderly person’s offense for a landlord
to padlock or otherwise block entry to a rental premises while a tenant who lives there is still in legal possession.
A landlord can only do these things in a distraint action involving non-residential premises. If your property has
been taken or you have been locked out or denied use of the rental premises by anyone other than a court officer
who is executing a warrant of removal you can contact the Special Civil Part Clerk’s Office for help in (a)
requesting an emergency order to return your property and/or put you back into your home; and/or (b) filing a
lawsuit requesting a judgment for money.
If you do not have an attorney, you may call the Lawyer Referral Service at (XXX) XXX-XXXX. Si Ud.
puede pagar los servicios de un abogado, pero no conoce a ninguno, puede llamar a las oficinas del Servicio de
Recomendacion de Abogados del Colegio de Abogados de su Condado. Telefono: (XXX) XXX-XXXX. If you
cannot afford an attorney, you may call Legal Services at (XXX) XXX-XXXX. Si Ud. no puede

pagar un abogado, puede llamar a Servicios Legales: (XXX) XXX-XXXX.

Wednesday, June 14, 2017

Monmouth eviction costs

Monmouth eviction costs

Complaint, tenancy (plus mileage)1 (N.J.S.A. 22A:2-37.1; Rule 1:43)
1 Mileage fees of court officer equal the round trip cost by the most direct route to and from the location of the court that issued the document being served or executed, at the same rate as set by the State for other State employees, rounded up to the nearest dollar.
One defendant ................................................................................. $50.00
Each additional defendant .................................... $5.00

Complaint/initial pleading containing counterclaim, cross-claim or
third-party complaint in DC actions: (N.J.S.A. 22A:2-37.1; Rule 1:43)
Where the amount exceeds the small claims monetary limit
One defendant ......................................................... $75.00
Each additional defendant ................................................ $5.00
Where the amount does not exceed the small claims monetary limit
One defendant ............................. ........................................... $50.00
Each additional defendant ..................... .................................. $5.00

Appearance or answer to DC complaint or third party complaint (N.J.S.A. 22A:2-37.1; Rule 1:43) ...................... $30.00

Monday, June 12, 2017

LANDLORDS - EVICTING 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. More info at http://www.njlaws.com/landlords-eviciting_tenants_for_nonpayment.html

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 landlord's attorney's 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. If you do not have a written lease, have your attorney draft one! You can’t receive late fees or legal fees. if you don’t have a written lease that requires tenants to pay late fees or legal fees if there is a breach of contract.

Eviction: NON-PAYMENT OF RENT
         If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons plus an Eviction Complaint must be filed in the Superior Court's Special Civil Part, Tenancy Division.  The court-filing fee is was increased to $50 plus mileage. 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 $1,500, up front. Our consult fee is minimum $150.
         The only power of this Court is to evict the tenant. This Court cannot award money damages.
         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 tenant's 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
         Residential units most be registered with the town as required by N.J.S.A. 46:8-27. It is a good idea to bring proof of registration when you go to court.

    If you want to get a Judgment for money against the tenant, you will have to file a separate Civil suit. These are fairly expenses. These fees are not included in the eviction fee. Often you are throwing away money chasing a deadbeat tenant that does not have liquid assets to begin with. They will often then file a bogus counter claim against you. Counter claims are not permitted in Eviction complaints.

Eviction Bill/ Services
  1. Prepare Verified Complaint Non-payment of Rent- Landlord/Tenant. We recommend you prepare an Excel or word.doc to  set forth specific amounts of unpaid rent, late fees
  2. Fill out the form Tenancy Summons.
Prepare Letter to court to File Verified Complaint, Summons & Exhibits with Tenancy Division

Prepare hearing notice
Prior to 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  
  1. Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs
  2. 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
More info at http://www.njlaws.com/landlords-eviciting_tenants_for_nonpayment.htm
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?

TODAY’S 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: ____________________

Tenant’s 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


$ _________ attorney's 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

GROUNDS FOR EVICTION
a. Failure to Pay Rent
If a tenant fails to pay rent, the landlord may immediately take legal action to have the tenant evicted. The landlord is not required to give the tenant notice before filing an eviction suit, except if the tenant resides in federally subsidized housing. If the tenant resides in federally subsidized housing a 14-day notice must be given before filing a suit for eviction.
Note: A tenant may not be evicted for nonpayment of rent, if the tenant used the unpaid portion of rent to continue utility services to the rental premises after receiving notice that the services were in danger of being discontinued, and if the landlord was responsible for the payment of those utility services and did not make the payments required to retain the use of those services. These utilities include: electric, gas, water and sewer. The money used to pay for the continuance of those services shall be considered part of the rent payment.
b. Disorderly Conduct
If after given written Notice to Cease disorderly conduct, the tenant continues the disorderly conduct and that conduct destroys the peace and quiet of the other tenants living in the house or neighborhood, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least three days prior to filing a suit for eviction.
c. Damage or Destruction to the Property
The tenant may be evicted if he has intentionally or by reason of gross negligence caused or allowed destruction, damage or injury to the property. A Notice to Quit must be served on the tenant at least three days prior to filing a suit for eviction.
d. Substantial Violation or Breach of the Landlord’s Rules and Regulations
If after given a written Notice to Cease violating or breaching reasonable rules and regulations contained in the lease or accepted in writing by the tenant, the tenant continues to substantially violate or breach the rules and regulations, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction. In addition, any notices must be given on or before the start of a new month.
e. Violation or Breach of Covenants or Agreements Contained in the Lease
1.     1)  If the tenant continues to substantially violate or breach the reasonable covenants or agreements contained in the lease, after given written Notice to Cease violating or breaching those covenants or agreements and if the landlord has reserved a right of re-entry in the lease, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at
least one month prior to filing the suit for eviction.
2.     2)  In public housing, if the tenant has substantially violated or breached any of the covenants or agreements contained in the lease, pertaining to illegal uses of controlled dangerous substances, or other illegal activities, the landlord may file a suit for eviction. The covenant or agreement must conform to federal guidelines and must have been in effect at the beginning of the lease term. The landlord does not have to give Notice to Cease the illegal activity before filing for a Notice to Quit. A Notice to Quit must be served on the tenant in accordance with federal regulations pertaining to public housing.
Note: A public housing authority may evict a tenant when a member of the tenant’s household or guest engages in drug-related activity, even if the tenant did not know of the drug related activity. Dept. of Housing and Urban Development v. Rucker, 122 S.Ct. 1230 (2002).
f. Failure to Pay Rent Increase
If a tenant fails to pay rent after being given notice of a rent increase and a Notice to Quit, the landlord may file a suit for eviction. The rent increase must not be unconscionable and must comply with all other laws or municipal ordinances, including rent control. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction.
Note: If the tenant believes the rent increase is unconscionable, he may withhold a portion of the rent. He may withhold the difference between the old rent rate and the new increased rate. However, the landlord may file a suit for eviction and the court would determine if the rent increase is unconscionable.
g. Health and Safety Violation or Removal from the Rental Market
A tenant may be evicted if the following conditions apply:
1.     1)  The landlord has been cited by an inspector and needs to board up or demolish the property because of substantial health and safety violations and because it is financially difficult to fix the violations.
2.     2)  The landlord needs to fix health and safety violations and it is not possible to do so, while the tenant resides at the property. When the landlord serves the eviction notice he must also notify the Department of Community Affairs, Landlord-Tenant Information Service, P.O. Box 805, Trenton, New Jersey 08635-0805. In addition, upon request, the landlord must provide the Department of Community Affairs with information as required under the law, so that the Department may prepare a report informing all parties and the court of the feasibility of the landlord to fix the violations without removing the tenants from the property.
3.     3)  The landlord needs to correct an illegal occupancy and it is not possible to correct this violation without removing the tenant.
4.     4)  A governmental agency wants to permanently take the property off the rental market, so that it can redevelop or clear land in a blighted area.
A Notice to Quit must be served on the tenant at least three months before filing a suit for eviction. The tenant can’t be evicted until relocation assistance is provided.
Note: Tenants evicted under this cause may be eligible for financial and other assistance for relocation. If eligible, this assistance must be provided before the tenant can be evicted. Information on relocation assistance can be obtained from the Relocation Assistance Program of the Division of Codes and Standards, P.O. Box 802, Trenton, New Jersey 08625-0806, (609) 984- 7609.
Any tenant evicted under g. 3) (illegal occupancy) is entitled to relocation assistance in an amount equal to six times the tenant’s monthly rent. The landlord is responsible for paying the tenant’s relocation expenses. Any tenant who does not receive the required payment from the landlord at least five days prior to his or her removal from the premises, may receive payment from a revolving relocation assistance fund established by the municipality. The landlord will be required to repay the money to the municipality. (Pursuant to N.J.S.A. 2A:18-61.1g.)
However, if the municipality has not established a relocation assistance fund, and the landlord does not pay the relocation funds within the required time, interest will accrue on the unpaid balance at the rate of 18% per year until the amount due, including interest is paid in full to the tenant. The amount due to the tenant is a lien on the property. The tenant may file a lien statement with the county clerk or registrar in order to enforce the lien. (Pursuant to N.J.S.A. 2A:18-61.1h.)
h. The Landlord Wants to Permanently Retire the Property from Residential Use
If the landlord wants to permanently retire a building or mobile home park from residential use, provided the circumstances covered under section (g) above do not apply, the landlord may file suit for eviction. A Notice to Quit must be served on the tenant at least 18 months prior to filing the suit for eviction. No legal action may be taken until the lease expires.
i. Refusal to Accept Reasonable Changes in the Terms and Conditions of the Lease
When the lease expires, the landlord may propose reasonable but substantial changes to the terms and conditions of the lease. If after written notice the tenant refuses to accept those changes the landlord may file suit for eviction and the court will determine if the proposed changes are reasonable. In cases where a tenant has received a notice of termination on any of the grounds listed in section (k) below, has a protected tenancy status pursuant to the “Senior Citizens and Disabled Protected Tenancy Act,” or pursuant to the “Tenant Protection Act of 1992,” the landlord or owner shall have the burden of proving that any changes in the terms and conditions of the lease, rental or regulations are reasonable and does not substantially reduce the rights and privileges that the tenant was entitled to prior to the conversion. A Notice to Quit must be served on the tenant at least one month before filing suit for eviction.
Note: The Senior Citizens and Disabled Protected Tenancy Act protects qualifying tenants from changes in the terms of the tenancy or rent increases, which rests solely on the landlord’s decision to convert the rental premises.
j. Tenant Continuously Fails to Pay Rent or Habitually Pays Late
If the tenant continuously fails to pay rent or habitually pays late, after written Notice to Cease, the landlord may file a suit for eviction. A Notice to Quit must be served on the tenant at least one month before filing a suit for eviction.
Note: The Courts have ruled that habitual late payments means more than one (1) late payment following the Notice to Cease. Also the N.J. Supreme Court ruled that a landlord after giving a tenant a notice to cease late payments, must continue to give the tenant reasonable and sufficient notice when accepting further late payments, that continued late payments from the tenant would result in an eviction action. If the landlord does not give this continued notice, the original Notice to Cease given to the tenant may be considered waived by the Court.
k. Conversion to Condominium, Cooperative or Fee Simple Ownership
If the landlord or owner of a building or mobile home park is converting the property from the rental market to a condominium, cooperative or fee simple ownership of two or more dwelling units or park sites, except as hereinafter provided in subsection (l) below, the landlord may file a suit for eviction. The landlord must comply with the regulations governing conversion to condominiums and cooperatives, before a warrant for possession shall be issued. Up to five one-year stays if eviction shall be granted by the court if the tenant has not been offered a reasonable opportunity to examine and rent comparable housing. However, not more than one-year stay shall be granted if the landlord allows the tenant five months’ free rent as compensation for hardship in relocation. No action for possession shall be brought against a senior citizen tenant or disabled tenant with protected tenancy status pursuant to the “Senior Citizens and Disabled Protected Tenancy Act of 1992,” as long as the agency has not terminated the protected tenancy status or the protected tenancy period has not expired. A Notice to Quit must be served on the tenant at least three years before filing a suit for eviction. No legal action may be taken until the lease expires.
l. Tenancy After Conversion to Condominium, Cooperative or Fee Simple Ownership
1.     1)  The landlord may file for eviction, if the owner of a building or mobile home park, which is constructed as or being converted to a condominium, cooperative or fee simple ownership, seeks to evict a tenant or sublessee whose initial tenancy began after the master deed, agreement establishing the cooperative or subdivision plat was recorded, because the owner has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. However, no action shall be brought against a tenant under paragraph one (1) of this subsection unless the tenant was given a statement, informing the tenant that the property is being converted. A Notice to Quit must be served on the tenant at least two months prior to filing suit for eviction. No legal
action may be taken until the lease expires.
2.     2)  The landlord may file for eviction, if the owner of three or less condominium or cooperative units seeks to evict a tenant whose initial tenancy began, by rental, after the master deed or agreement establishing the cooperative was recorded, because the owner seeks to personally occupy the unit, or has contracted to sell the unit to a buyer who seeks to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. A Notice to Quit must be served on the Tenant at least two months prior to filing suit for eviction. No legal action may be taken until the lease expires.
3.     3)  The landlord may file for eviction, if the owner of a building with three residential units or less seeks to personally occupy a unit, or has contracted to sell the residential unit to a buyer who wishes to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. A Notice to Quit must be served on the Tenant at least two months prior to filing suit for eviction. No legal action may be taken until the lease expires.
m. Tenancy Based on Employment
If a tenant resides in the property on the condition that, he is employed by the landlord as a superintendent, janitor or in some other job and that employment is terminated the landlord may file suit for eviction. A Notice to Quit must be served on the tenant three days prior to filing a suit for eviction.
n. Conviction of a Drug Offense Committed on the Property
The landlord may file suit for eviction, if the tenant, including juveniles who have been found by the Court to be delinquent, has been convicted of or pleaded guilty to drug offenses that took place on the property, and has not in connection with his sentence either (1) successfully completed or (2) been admitted to and continues during probation participation toward completion of a drug rehabilitation program. Also, if the tenant lets a person who has been convicted of or pleaded guilty to drug offenses, occupy the premises for residential purposes whether it is continuously or occasionally, the landlord may file for eviction. This does not apply to a tenant allowing a juvenile to reside at the property where the juvenile has been found to be delinquent due to use or possession of drugs. No eviction suit may be brought more than two years after: the juvenile was found to be delinquent; conviction of the person; or after the person’s release from incarceration whichever is later. A Notice to Quit must be served on the tenant at least three days prior to filing suit for eviction.
o. Conviction of Assaulting or Threatening the Landlord, His Family or Employees
The landlord may file for eviction, if the tenant has been convicted of or pleaded guilty to, or if a juvenile has been found by the court to be delinquent due to an offense involving assault or terrorist threats against the landlord, a member of the landlord’s family or an employee of the landlord. Also, if the tenant permits a person he knows has been convicted of or has pleaded guilty to these
actions to reside at the premises continuously or occasionally, the landlord may file suit for eviction.
No eviction suit may be brought more than two years after: the juvenile was found to be delinquent; conviction of the person; or after the person’s release from incarceration whichever is later. A Notice to Quit must be served on the tenant at least three days prior to filing a suit for eviction.
p. Civil Court Action that Holds Tenant Liable for Involvement in Criminal Activities
The landlord may file for eviction, if the tenant is found by a civil court proceeding (not criminal) to be liable for involvement in theft of property located on the premises, involvement in assaults or terrorist threats against the landlord, a member of the landlord’s family or an employee of the landlord, or involvement in illegal drug activities that takes place on the premises and that tenant has not in connection with his sentence for the drug offense either (1) successfully completed or (2) been admitted to and continues during probation participation towards completion of a drug rehabilitation program. Also, if the tenant permits a person he knows has been convicted of or has pleaded guilty to these actions, to reside at the premises continuously or occasionally, the landlord may file for eviction. This does not apply to a tenant allowing a juvenile to reside at the property where the juvenile has been found to be delinquent due to the use or possession of drugs. No eviction suit may be brought more than two years after: the juvenile was found to be delinquent; conviction of the person; or after the person’s release from incarceration whichever is later. A Notice to Quit must be served on the tenant at least three days prior to filing suit for eviction.
q. Conviction for Theft of Property
The landlord may file for eviction, if the tenant has been convicted of or pleaded guilty to, or if a juvenile has been found to be delinquent by the Court due to an offense involving theft of property from the landlord or from tenants residing in the same building or complex. Also, if the tenant permits a person he knows has been convicted of or has pleaded guilty to these actions to reside at the premises continuously or occasionally, the landlord may file for eviction. A Notice to Quit must be served on the tenant at least three days prior to filing suit for eviction. Source: http://www.nj.gov/dca/divisions/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf