Legal Question in Landlord & Tenant Law in New Jersey
Summary Dispossess Proceeding
I recently received notice from my landlord that a summary dispossess proceeding had been initiated for nonpayment of rent for December. However, I have proof that I had paid rent and rent was received on time. I tried contacting their lawyer but he never answers/returns calls. What should I do?
1 Answer from Attorneys
Re: Summary Dispossess Proceeding
The summary dispossess hearing will end in your favor if ALL of the rent is current or brought up to date as of the day of the hearing. Plan on attending the hearing and answer that you are ready to have your case heard. Bring the January rent in a cashier's check make out to you or in blank (don't pay ahead of time). Bring all the evidence that you have that the December rent was paid. Bring a copy of the lease. To be safe, you should also be prepared to pay the additional rent and court costs that are listed on the complaint in cash or by cashier's check. You will need the money that you brought to pay the January rent and also to pay the costs if the judge determines that they are justified by the lease and the circumstances.
Be on time to court. Listen carefully to the instructions and report your side as "ready." At the appropriate time, you will be able to speak with the landlord's attorney. If you cannot get him/her to agree that you owe only the January rent (which you will then pay making the cashier's check out to the landlord), have the case heard by the judge.
Even if the court should find against you for some reason, you will have the chance to remain in the premises if all rent and "additional rent" is paid at the time of the hearing.
If that sounds complex to you, you might want to be represented by an attorney. There are any number of competent lawyers in your area who will help you if you contract them.
See also: http://info.corbettlaw.net/lawguru.htm