Legal Question in Real Estate Law in New Jersey

Put the tenant on written notice that they are in violation of the lease for non-payment of rent and if they do not pay it, you will file for eviction. If it is not paid, go to an attorney or straight to landord/tenant court to file a complaint for possession for non-payment of rent. If you want to sue for the amount of rent due you will also have to file a separate action in special civil part for the total amount due less any security deposit you are holding.

If your only complaint against the tenant is that they have not paid rent that is due, no notice is necessary. A tenant is presumed to know when they have to pay rent and how much. Most leases permit a short "grace period" for non-payment. Such a term is mandatory in leases with tenants who are seniors. Assuming that such a grace period is not an issue, you can and should file suit in Landlord/Tenant court in the County in which the property is located. The Clerk of the Special Civil Part will provide you with the forms. You may find that it is easier to hire a lawyer especially if you believe that the tenant will eventually pay. A well-drafted residential lease in New Jersey will contain a clause making attorney fees "additional rent" which means that the tenant must pay them too or be evicted. � My firm handles matters of this type, however the efficiencies in this matter may be influcenced by your lawyer's location. If I can be of further help to you, call or email. � See also: http://info.corbettlaw.net/lawguru.htm