Eviction Bill-Services Kenneth Vercammen & Associates
- 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, sign eviction paperwork
Meeting with client
LANDLORDS - EVICTING TENANTS FOR NON-PAYMENT OF RENT
Eviction suit legal Fee $3,000 payable Vercammen & Assoc PC,
You must also pay the court costs by check payable Treasurer, State of NJ. [Between $ 65- $85]
Fees do not include post judgment fees or services or proceeding with a Warrant for Removal
This does not include handle filing of a separate suit for money owed in Superior Court. Our up-front fee for other litigation is $5,000. Sometimes it is not cost effective to spend thousands of additional dollars to chase a deadbeat tenant.
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.htm
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.
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 Court's 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.
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
Most residential units most be registered with the town. It is a good idea to bring proof of registration when you go to court.
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- You must file a separate lawsuit in the Special Civil Part
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 $75.00 plus postage
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
No comments:
Post a Comment