Legal Question in Landlord & Tenant Law in New Jersey

What do I do when a Guarantor stops paying rent?

I have a tenant that moved in to one of my apt's with her 2 children. She said she was separating from her husband and needed a new place. The separation was amiacable though, and her estranged husband did not mind being a guarantor of the lease even though he wouldn't be living there.

However, now he has ''fallen on hard times'' and cannot afford to pay - and she doesn't work. Obviously now I have to file for eviction against her for non payment of rent, but my question is:

1. What type of notices or court papers do I have to serve or file on him, IF ANY, as Guarantor?

2. If I do have to serve him or file something, could you please tell me what and how?

I would sincerely appreciate a response as quickly as possible, as I must start the eviction really soon.

Thank you.


Asked on 6/20/06, 4:18 pm

2 Answers from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: What do I do when a Guarantor stops paying rent?

If the Guarantor is named on the lease as a tenant or authorized occupant you must name him as a defendant in the eviction action. If you need help assembling or filing the documentation, please contact me for assistance. If you simply want to collect money from the Guarantor, you must file a collection action against him.

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Answered on 6/20/06, 4:23 pm
Robert Davies The Davies Law Firm, P.A.

Re: What do I do when a Guarantor stops paying rent?

The other attorney gave you a good answer. If you want a lawyer's help and I am reasonably near you, call me. I am in northern New Jersey. The consultation will be free. I will do what I can to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/20/06, 4:37 pm


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