Wednesday, October 28, 2015

LANDLORDS - EVICTING TENANTS FOR NON-PAYMENT OF RENT

 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  
  1. Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs
  2. 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  
  1. Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs
  2. 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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