Evicting a tenant I have a tenant that is now 15 days overdue for his rent.

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Evicting a tenant
I have a tenant that is now 15 days overdue for his rent. This has become a recurring habit with him ever since his girlfriend left the apartment (she left because of his drinking problem). Can you tell me what I have to do in New Jersey to evict him? I’ve been putting up with late payments because he was a good tenant, but I’ve finally had enough. I could also be getting much more in rent with new tenants. I printed out a notice to quit letter but I don’t know where to go from there. Any help would surely be appreciated. Thank you

2 thoughts on “Evicting a tenant I have a tenant that is now 15 days overdue for his rent.”

  1. Re: Evicting a tenant
    You have to serve a detailed Notice to Cease in accordance with NJSA 2A:18-61.2, and upon additional late payments, a follow up notice and then a Notice to Quit with Demand for Possession. You should consult a QUALIFIED attorney as any error in your forms, timing, or procedure will be a jurisdictional defect mandating the dismissal of you case. If you Google my name you may find an article I wrote that may be of further assistance.

    Bruce Gudin
    Levy Ehrlich & Petriello, Esqs.
    60 Park Place, Suite 1016
    Newark, NJ 07102-5504

  2. Re: Evicting a tenant
    I take some issue with Mr. Gudin’s answer. I have done several hundred rent default suits and never filed a Notice to Cease. The Notice is only necessary if your complaint is based on other than non-payment of rent. A tenant is presumed to know that they have to pay rent and notice is not required. Things can change if the premises is under some kind of local rent control regulation, but I don’t think that part changes.

    If your lease has been properly drawn, it provides for attorney fees to be charged as “additional rent.” Those are the magic words. If they are in the lease (and they should be), there is no reason for any landlord to wait beyond the grace period before calling his lawyer – each time, every time. The tenant has to pay your lawyer in order to stay. So, if he doesn’t intend to pay anyone, you get the property back and rent it to someone who will as soon as possible. If he pays, next time, he might remember to do it on time.

    Look for a lawyer in your area whe handles rent default suits.

    See also: http://info.corbettlaw.net/lawguru.htm

    John Corbett
    Corbett Law Firm LLC
    303 Walnut Ave.
    Evesham, NJ 08053-7016

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