Legal Question in Real Estate Law in New Jersey
Eviction Process
I have a question related to the eviction process in a rental property. Can you tell me every step in the eviction process in terms of time frame- that is: how soon can I file a eviction complaint if the tenant does not pay rent....; overall how long will it take for an non-paying eviction case from the beginning to the final eviction? Can the tenant file hardship protection such as elderly, disability, pregnancy... etc to prevent me from filing an eviction even though they did not pay rent or violate the lease? Are there any exceptions or provisioins that will favor the tenant in the process?
2 Answers from Attorneys
Re: Eviction Process
Here are the answers you requested.
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Re: Eviction Process
If you have not already sent a certified, return receipt demand letter, do so immediately and reference the lease provision on payment due and late charges. After the allowable period (usually 10 days from receipt of letter) you can file eviction in the Landlord/Tenant part of the County Court. You can request that the hearing be held promptly (usually not more than about 2-3 weeks). Tenant can claim hardship to the eviction, but must be and continue to be current in the rent payments. You can ask that the payments be made through the Court. The Court may allow some time for the rent to be brought current before eviction is granted. The entire process should not take longer than 4-6 weeks from start to finish, perhaps faster. Timing depends upon court backlog.