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Old 10-25-2008, 08:29 AM   #1 (permalink)
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Question when can i evict?

mad: I live in New Jersey and have a tenent that refuses to pay rent. She tells me she is working on it. She did loose her job and has a young child. She has lived at the above address for 4 months never paying on time. I told her that if she doesn't pay her lease will be terminated. She went to legal aid for advice. They told her the landlord cannot just put you out. What actions can I take to get her out. It has been 1 month going on 2 that she has not paid me. What are my rights as a landlord?
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Old 11-16-2008, 01:31 PM   #2 (permalink)
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I am afraid "Brians" advice is inherently flawed.
All the poster has to do is contact her local jurisdiction and ask for the paperwork to be filled out to evict the tenant for nonpayment. In some jurisdictions it is a three day notice to quit with no option to rectify, and in some areas you are required to give thirty days. A FREE call to her local magistrate will give her ACCURATE FREE (cough ) information--information you cannot possibly provide from a link with generic forms since laws and municipalities vary greatly.
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Old 11-16-2008, 02:45 PM   #3 (permalink)
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Of course, some places don't have magistrates... they have county sheriffs.

Most forms online sites charge for the forms, but you might get lucky and just search on "eviction notice" to find a site that has a few free forms. But why bother?

Last edited by boykinmama; 11-16-2008 at 02:47 PM.
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Old 11-16-2008, 03:11 PM   #4 (permalink)
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I could launch into a tutorial on the differences between a magistrate ( i.e. JUDGE/SMALL CLAIMS/CIVIL COURT) and the POLICE/SHERIFFS department. But, would it matter? A magistrate court handles evictions. Sheriffs offices may enact an eviction if necessary, but they do not make the determination as to which landlord has legitimate grounds to evict someone. A COURT ( i.e. MAGISTRATE/JUDGE ) must do that.

MAGISTRATE----->>>>>JUDGE/SMALL CLAIMS, CIVIL MATTERS.

EVERY jurisdiction DOES have that.

But, I digress. Let's actually be so frivilous as to consider what New Jersey LAW actually states, shall we?

If a tenant fails to pay "rent" when due, a landlord may immediately proceed to commence a summary proceeding to regain possession of the premises. A landlord is under no obligation to wait for its rent, accept payments late, or accept rent in installments. However, if on the "return day" (day of court) the tenant appears and is prepared to pay all "rent" which is due, the landlord must accept the tender and dismiss the case. N.J.S.A. 2A:18-55 provides:

N.J.S.A. 2A:18-55. Discontinuance upon payment into court of rent in arrears; receipt

If, in actions instituted under paragraph "b" of section 2A:18-53 of this title, the tenant or person in possession of the demised premises shall at any time on or before entry of final judgment, pay to the clerk of the court the rent claimed to be in default, together with the accrued costs of the proceedings, all proceedings shall be stopped. The receipt of the clerk shall be evidence of such payment. The clerk shall forthwith pay all moneys so received to the landlord, his agent or assigns.

(Case Law has held this statute is applicable to proceedings under the Anti-Eviction Act as well. (N.J.S.A. 2A:18-61.1.))

Nary a word about the Sheriffs department in there anywhere. * shrug *
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