Legal Question in Landlord & Tenant Law in New Jersey

UGGGH,,, I had rented a unit to a man who was also working on the unit. He was being paid for that. I sent him a lease and never got it back. That was in September 2016. He did pay rents for a while, but now is four months behind. What is my legal stance? is he a squatter? I totally messed this one up. I am out of state, and dealing with a concussion, so I wasn't well enough to insist on that lease. I'm sure I will need an attorney, but need to know which laws I am going by....


Asked on 6/25/17, 4:06 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

He's a month to month tenant. You need to file for eviction. We can go to court for you so you don't have to show up. Call us at 1-855-9-JEFLAW to discuss

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Answered on 6/25/17, 4:19 pm
Matthew Schutz Matthew R. Schutz, Esq.

Under New Jersey law the person in possession is a tenant. To the extent that he is behind on the rent, you can sue to evict. An eviction based on non-payment is easy procedurally, but the tenant will have the right to pay the rent due under the complaint and maintain possession.

I would need to look at the file and talk with you to see if there's any other basis to evict the tenant. New Jersey law is very technical in this regard and you have to have one of approximately 20 reasons under the statute in order to remove the tenant. If one of these grounds apply, you also have to follow the notice provisions within the statute, which require a warning and then a notice to quit.

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Answered on 6/25/17, 4:33 pm


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