Legal Question in Landlord & Tenant Law in New Jersey

death of client during civil trial

I was being sued by my landlord for non-payment of rent. I filed a chapter 7 and his claim was dismissed. My lease expired years ago and the rent has been paid every month since the filing of the chapter 7. His attorney is now again trying to evict me, in effect continuing the case (against section 524 of US Bankruptcy Code). I just found out that the landlord died six months ago and the attorney has not notified me, the Court, or filed any papers with the Court. There are five other tenants of the landlord on my block, all with same expired one year leases; some have existed this way for over 20 years, and none are being evicted. What is his obligation to the Court and to me as a pro se defendant?


Asked on 4/09/07, 6:05 pm

1 Answer from Attorneys
Frank Bosley Law Offices of Frank T. Bosley, LLC

Re: death of client during civil trial

The landlords� interest may have passed on to a beneficiary, or in the alternative, the same attorney is representing the estate of the landlord. Rule 4:34 talks about the death of a party (in this case, the plaintiff). This substitution is to be made according to Rule 1:5-2. The fact that you are pro se does not diminish in any way your adversary�s obligations to comply with the Rules of Court, but neither he nor the Court are obligated to explain the Rules of Court to you. You can find the Rules of Court on the NJ Judiciary website.

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Answered on 4/12/07, 2:42 pm


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