Legal Question in Landlord & Tenant Law in New Jersey

Landlord re-enter and take possesion of the property for no rental payment

The lease agreement states that the landlord may re-enter and take possession of the Property if tenant is in default in the payment of rent. Can the landlord do this without having a court order?


Asked on 8/26/08, 6:58 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Landlord re-enter and take possesion of the property for no rental payment

He must file a complaint in Superior Court, Landlord/Tenant Section for possession of the premises which you occupy. If he tries to throw you out without a court order call the police.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 8/26/08, 7:03 pm
John Corbett Corbett Law Firm LLC

Re: Landlord re-enter and take possesion of the property for no rental payment

If the premises is leased for commercial purposes, the landlord can re-take possession for non-payment. If the tenancy is residential, that practice is prohibited by law and it does not matter what the lease says.

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

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Answered on 8/26/08, 7:17 pm
Robert Davies The Davies Law Firm, P.A.

Re: Landlord re-enter and take possesion of the property for no rental payment

no.

please, whether you are the landlord or the tenant, go talk to a lawyer.

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Answered on 8/26/08, 7:18 pm


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