Legal Question in Landlord & Tenant Law in New Jersey

Apartment eviction

My daughter received a call from her landlord today saying that they are starting eviction proceedings for too many noise complaints. The people that live downstairs have managed to get the 4 previous tenants evicted by constantly calling the police with false claims of too much noise. My daughter works all day and goes to school at night. She is not home enough to make enough noise for police to keep coming to her door! I told her it is best to get out so she wont have to deal with the tenants downstairs, but will she be entitled to her security deposit back? Also, how much time will she have to vacate the apartment?


Asked on 2/07/08, 10:46 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Apartment eviction

An eviction for noise requires prior written notice to the tenant. So, she can probably fight the issue in court. She may also want to file a civil complaint against the downstairs neighbors expecially if she can get the former occupants of her apartment to testify.

She should check with the court clerk to see what the local procedures are in the event that she loses the case. The landlord can't even apply for eviction for three days after trial. Even after that, it is usually a week or so before a court officer will get to it. In the interim, she can apply to the judge for a seven day extension to permit "orderly removal."

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/07/08, 3:54 pm


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