Legal Question in Landlord & Tenant Law in New Jersey

Evection

Can a landlord file papers to have you removed if its before the monthes rent is due. The manager of the property filed papers with the court stating that I owe junes rent which I do but she also added in Julys when I have to the 14 to pay of each month can she add it in . She signed the papers on the 2 of july and filed on the 6th. Is this in violation of my contract. Can I be sued for both months or just one. If I pay junes before the court date do I still have to pay for Julys too.


Asked on 7/12/07, 1:26 pm

2 Answers from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: Evection

Of course you do. It's July, isn't it?

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Answered on 7/12/07, 1:41 pm

Re: Evection

Don't be an idiot... If the rent is due on the 1st, and unpaid, of course they can include it. If you have a grace period until the 14th, that does not mean it is not due on the 1st. Practically speaking, it takes weeks to get to court, so why shouldn't they be able to include it? They will most likely be able to amended at the time of trial for any actual moneys due, even for damages or "other rent". Unless the landlord has breached some duty to you, like the place has no electric, no heat, vermine, etc., then why are you screwing around?

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Answered on 7/12/07, 5:54 pm


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