Legal Question in Landlord & Tenant Law in New Jersey

Hi, I have been laid off from my work and for the next month I don't have the full amount of money to pay the rent. Can the landlord start an eviction process if pay only half of my rent until i get the rest? I live in New Jersey. Thanks.


Asked on 9/14/09, 3:52 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Eviction can be started upon non-payment of full rent. There is no requirement for the landlord to wait for his money. He can voluntarily make an agreement with you, but there is no requirement that he do so.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner

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Answered on 9/19/09, 4:00 pm
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Yes, your landlord can file an eviction complaint. Keep in mind that you have the right to stop the eviction by remitting the full payment at any time up until the day of court (including in court). However, if your lease provides that late fees and landlord's attorney's fees are considered additional rent, you will need to pay those fees as well in addition to your normal rent in order to stop the eviction. Therefore, you might wish to discuss the matter with your landlord before he files an eviction complaint.

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Answered on 9/21/09, 11:40 am


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