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
- 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
- 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
- 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
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
