Legal Question in Landlord & Tenant Law in New Jersey

Re: Evicting a tenant

You have to serve a detailed Notice to Cease in accordance with NJSA 2A:18-61.2, and upon additional late payments, a follow up notice and then a Notice to Quit with Demand for Possession. You should consult a QUALIFIED attorney as any error in your forms, timing, or procedure will be a jurisdictional defect mandating the dismissal of you case. If you Google my name you may find an article I wrote that may be of further assistance.

Re: Evicting a tenant

I take some issue with Mr. Gudin's answer. I have done several hundred rent default suits and never filed a Notice to Cease. The Notice is only necessary if your complaint is based on other than non-payment of rent. A tenant is presumed to know that they have to pay rent and notice is not required. Things can change if the premises is under some kind of local rent control regulation, but I don't think that part changes.

If your lease has been properly drawn, it provides for attorney fees to be charged as "additional rent." Those are the magic words. If they are in the lease (and they should be), there is no reason for any landlord to wait beyond the grace period before calling his lawyer - each time, every time. The tenant has to pay your lawyer in order to stay. So, if he doesn't intend to pay anyone, you get the property back and rent it to someone who will as soon as possible. If he pays, next time, he might remember to do it on time.

Look for a lawyer in your area whe handles rent default suits.

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