Legal Question in Landlord & Tenant Law in New Jersey

We were approved on 08/15 and signed the lease on 08/22. On 08/19 all things that the apartment needed to be done to the apartment was sent to management by my realtor so we could move in on 08/31, which was agreed upon with management. However, nothing was done to the apartment as far as the repairs - no stove or refrigerator was in the apartment, also no hot water in the bathroom sink, along with a long list of other issues to the apartment. I voiced to management a multitude of times, via phone call to their office, that we needed to have these issues handled because the lease agreement stated that we when would have the apartment to our liking we would provide the 1st months rent afterwards. Since the apartment was not satisfactory at move in, we didn't give the 1st month rent until 09/24, when our realtor was force to retrieve it very reluctantly from us. Fast forwarding, now after still a multitude of calls to management which I stated to their office, "I don't want to be a bad tenant and not pay rent but I need to have my apartment issues handled ASAP" which every conversation they said was recorded, so there should be that proof also. It even got the point that I traveled to there office to speak to someone face-to-face on 11/22 we finally made headway and had all our issues handled on 11/25 which I can provide all the things done. Since my apartment was finally to the state that it should have been upon moving in we paid this month's rent with no hesitation. A representative from there office called on 12/08 saying that we need to pay back rent since my issues now have been resolved. I received an email from management saying that I missed a supposed court date on 12/21, however I never received any notice. How can they now proceed with an eviction? However, at the end of the email, they add that I can still resolve this issue by paying this month's rent and their court fees. I have documentation of me calling them and other pertinent documents, also my realtor has documentations of all emails between himself and the management company. They want me to pay 1966 which is November rent and there Court fees. I feel that in shouldn't have to pay no more than $1000, is that right to assume?


Asked on 1/02/17, 11:40 am

1 Answer from Attorneys
Matthew Schutz Matthew R. Schutz, Esq.

I find it odd that they claim there was a court date on December 21 and that you need to pay the money to avoid eviction.

Generally speaking landlord tenant hearings are commenced with the service of the summons and complaint on the tenant and if the tenant is unavailable taping it on the door.

I think the first thing you need to do is contact the landlord tenant Court. For Hudson County it's in Jersey City.

Assuming an order for eviction has been entered, you need an agreement in writing with the landlord saying that you have paid the rent and that you were allowed to stay in the premises. You can also move to vacate the judgment for lack of service. That has to be done within 10 days of your being physically evicted.

I suspect one of two things. One) the landlord has actually obtained a judgment wants to both get rid of you and get the rent or two) The landlord Is trying to get you to pay the money without having to go to court.

If you have been evicted without notice, I would suggest contacting an attorney immediately in order to properly file the paperwork you need to vacate the judgment.

If not, you may still want to retain counsel anyway to negotiate a settlement of the matter. There are questions as to whether or not the landlord has sufficient notice under the lease. Generally speaking, you need to provide the landlord with notice pursuant to the terms of the lease. Then you must give him an opportunity to repair. Certainly you've given them the opportunity to repair, but I question if appropriate notice was given. I do free consults on these issues. Please feel free to contact me if you wish to discuss the matter more.

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Answered on 1/02/17, 12:16 pm


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