LANDLORDS - EVICTING TENANTS FOR NON-PAYMENT
OF RENT
By Kenneth A.
Vercammen Esq
This article will briefly explore certain remedies and
recommendations to landlords. Unlike big apartment complexes, many landlords in
New Jersey do not have full time management companies handling the collection
of rent. Yet all landlords should handle their payments as a business, just as
big corporate landlords.
WRITTEN LEASE
A written lease is
recommended for all rentals even for a month to month. Your lease should
specifically require that the tenant pay the landlord's attorney's fees if they
fail to pay rent or breach the lease in any way. If a written lease does not
provide for attorneys fees, the court cannot award attorneys fees. In addition,
your lease should provide in writing for re-renting cost if the tenant breaches
the lease. Many leases also provide for late fees.
NON-PAYMENT OF RENT
If your tenant fails to pay and you want to evict the
tenant, a Tenancy Summons plus an Eviction Complaint must be filed in the Superior
Court's Special Civil Part, Tenancy Division.
The court-filing fee is was increased to $50 plus mileage. Different
attorneys charge different fees depending upon the amount of work to be done.
Your attorney can prepare the mandatory complaint and summons. Our minimum fee
is $1,500, up front. Our consult fee is minimum $150.
The Court Constable is required to personally serve the
tenant with a copy of the complaint. The court clerk will fill out the date and
time for hearing on the summons, which also will be served on the tenant.
You and your attorney should appear on the date for hearing.
If the tenant appears, parties sometimes work out a payment plan for rent with
a stipulation of settlement and stay of eviction. The landlord and tenant
usually agree if all rent is not paid according to the schedule, the court is
directed to issue a warrant for possession.
FAILURE OF TENANT TO APPEAR
If the tenant fails to appear by the second call, you can
pay an additional fee for a warrant of removal. This is obtained at the Special
Civil Part Clerk, Tenancy Section Office. After waiting three days, the
constable is given the warrant to serve at the tenant's property. If the tenant
still fails to move, arrangements can be made with the constable and locksmith
to physically remove the tenants and change locks.
REGISTRATION OF PROPERTY
Most residential units most be registered with the town. It
is a good idea to bring proof of registration when you go to court.
Eviction Bill/ Services
- Prepare Complaint
Landlord/Tenant. Add amount unpaid, late fees and costs
- Fill out the form Tenancy
Summons.
Prepare Letter to court to File Complaint
Tenancy Division
PO Box 1146
New Brunswick, NJ 08903-1146
Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St.,
New Brunswick, NJ 08901.
Review Complaint, summons Court hearing notice and supporting documents,
Travel to Middlesex County Courthouse
Spoke with client
Attendance at Judge mandatory opening statement, attendance at calendar
call/hearing
Meeting with client
Minimum legal fee Eviction Bill/
Services
- Prepare Complaint
Landlord/Tenant. Add amount unpaid, late fees and costs
- Fill out the form Tenancy
Summons.
Prepare Letter to court to File Complaint
Tenancy Division
PO Box 1146
New Brunswick, NJ 08903-1146
Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St.,
New Brunswick, NJ 08901.
Review Complaint, summons Court hearing notice and supporting documents,
Travel to Middlesex County Courthouse
Spoke with client
Attendance at Judge mandatory opening statement, attendance at calendar
call/hearing
Meeting with client
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
www.njlaws.com
Landlord tenant eviction questionnaire - CLIENT
INFORMATION SHEET
Please fill out completely
(Please Print)
NAME
__________________________________________________________
ADDRESS
_______________________________________________________
CITY _____________________________ STATE _______ ZIP
_____________
CELL-PHONE ___________________________________ (Area Code Needed)
PHONE-DAY __________________________ NIGHT
______________________
E-MAIL ADDRESS
_________________________________________________
TYPE OF MATTER: ________________________________________________
REFERRED BY:
___________________________________________________
If referred by a person, is this a client or
attorney? If you heard about the law
office on the Internet, which search engine?
What search terms did you use?
TODAY’S DATE:
__________________________________________________
DESCRIPTION OF MATTER:
______________________________________
______________________________________
______________________________________
QUESTIONS TO ASK ATTORNEY:
______________________________________
______________________________________________________________
Eviction
Details
1. Name of
Plaintiff(s)/Landlord(s): ___________________
Name of all
Defendant(s)/Tenant(s): ____________________
____________________
____________________
___________________
2. Address of
Rental Premises: ____________________
Tenant’s Phone
No.: ____________________
3. The tenant(s) now reside(s) in and has (have) been in
possession of these premises since
____________________________
(mm/dd/yyyy)
under (check
one) _______ written or _______ oral agreement
4. __
Check here if the tenancy is subsidized pursuant to either a federal or state
program or the apartment is public housing.
5.
Amount due. The (check one) (x) monthly
or ( ) weekly amount that must be paid by the tenants(s) for these premises is $___________
payable on the _______ day of each (__) month
or ( __) week in advance.
COMPLETE
PARAGRAPHS 6A, 6B AND 6C IF COMPLAINT IS FOR NON-PAYMENT OF RENT
6A. There is due, unpaid and owing from tenant(s)
to landlord for rent as follows:
$______ base rent
for ___________ month
$___ late charges, under paragraph ____, Line
___________ of written lease [no late fees unless set forth in written
lease]
$______ base rent
for ___________ month
$______ base rent
for ___________ month
$
_________ attorney's fees, as specifically provided for in the lease under
paragraph ____, Line ___________ [no
attorney fees unless set forth in
written lease]
________ other (specify ___________), if
permitted by federal law, local law and the lease.
$______ court costs (fees for
filing and serving the complaint)
Total due as of
this notice is $______________________
Amount due
after first day of the next month $___________________
IF THE
COMPLAINT IS FOR OTHER THAN OR IN ADDITION TO NON-PAYMENT OF RENT. ATTACH
ALL NOTICES TO CEASE AND NOTICES TO QUIT/DEMANDS FOR POSSESSION.
Landlord
seeks a judgment for possession for the additional or alternative reason(s)
stated in the notices
attached to
this complaint. STATE REASONS
under the Lease or Violations of NJ Eviction Law
What questions
do you have?
FILE A SPECIAL CIVIL PART COMPLAINT
FOR MONEY OWED
Most eviction complaints are evictions based only on
non-payment of rent. The New Jersey
Anti-Eviction Act places substantial notice requirement on landlords who wish
to evict tenants for reasons other than non-payment of rent. If the tenant is
able to pay the rent in full prior to warrant of possession, the court will let
the tenant remain in the property.
HOW TO GET YOUR MONEY
The Tenancy Judge will not require the tenant to pay
attorneys fees, damages and other costs. This court can only evict tenants, or
permit tenants to remain if they paid the rent in full. To protect yourself and
get all money due, file a money owed complaint in the Special Civil Part. The
filing fee is less than $50.
KENNETH
VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
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