Legal Question in Landlord & Tenant Law in New Jersey
eviction- how long and are therealternatives
I have a tenant in an owner occupied home who has trashed the room he occupies, created multiple disturbances needing police to come, destroyed my personal property, and has failed to pay rent for the past 2 months. His lease expired the end of June and he wont leave. Does a pay rent or quit notice have any teeth in NJ? Can I take posession of his belongings? Can I put his belongings in the street? Am I in for a 6 month ordeal?
2 Answers from Attorneys
Re: eviction- how long and are therealternatives
I wish you had called 1-3/4 months ago. He would be out by now. An eviction for non-payment of rent is very quick. Eviction for cause can be quick also depending on the circumstances. But:
1. Self help evictions are illegal in New Jersey.
2. Self help distraint (taking possession of a tenant't belongings) in residential tenancies is illegal in New Jersey.
3. Not only can't you put his belonging in the street, you have some affirmative duty to keep them safe if he leave them behind.
The solution is to file a rent-default suit with a for-cause count added as soon as possible. I can help with that unless you are comfortable in doing it yourself.
Re: eviction- how long and are therealternatives
You should be able to evict the tenant quickly by filing an action in landlord tenant court based on his misconduct.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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