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Greg Prosmushkin

Tenant Eviction Lawyer Trenton

The Landlord-Tenant relationship is theoretically considered a business relationship. After all, the business aspect is mutually beneficial for both sides. Unfortunately, because of the close nature of the Landlord-Tenant relationship, the relationship all too often goes from business to personal. In Trenton and Mercer County, many landlords can find themselves at a loss dealing with difficult tenants. The law forbids self-help evictions, so when a tenant has failed to pay rent, or has overstayed their welcome, the only option is to file for a Judgment for Possession in Landlord-Tenant Court.

When Can I Evict?

In New Jersey, a Landlord May Evict a Tenant when the tenant has done one or more of the following:

  • Failed to Pay Rent
  • Continually Engaged in Disorderly Conduct
  • Destroyed or Damaged the Property
  • Constantly Been Late on Rent
  • Violated Rules and Regulations (After Notice Has Been Given)
  • Been Convicted for Drug Offenses

How Do I Evict?

There are required steps to the eviction process before you can get in court.

First Step:

  • Before even considering filing an eviction, the landlord must give written notice to the tenant to cease, stop, or correct whatever incorrect action they are taking by a certain deadline date. Only when the tenant continues that conduct may the landlord move on to step two.
  • It is important to note that if the landlord is seeking to Evict the Tenant for any reason other than non-payment of rent, that notice must be attached to the lawsuit, and the landlord should have proof that they gave the notice (certified mail receipt, e-mail confirmation, etc..)

Second Step:

  • File the Complaint: While it may seem simple enough, anytime you file anything with a Court, things can get technical. That being said, before you show up in court to evict your tenant, the Court must receive a Complaint which sets out the basis for your eviction.
  • In order to obtain a judgment against the Tenant, the Tenant must be served with the Complaint. Fortunately, the Court handles this aspect of the filing.

Third Step:

  • The Hearing: on the day of Court, the Landlord should make sure that they have the lease, notices, photos, an itemized ledger, and any other evidence they would require to show the Court in the event the case goes to trial.
  • When the judge first calls the landlord’s case, the landlord and their lawyer will have an opportunity to try to work out a settlement with the tenant. These settlements often include the tenant paying some form of the money they owe for a little more time before they leave the property.
  • If the parties cannot agree, then the case will go to trial. One major note: The Landlord-Tenant Court issues a Judgment for Possession and not a money judgment. If a landlord wishes to obtain a money judgment they will have to file a separate lawsuit in small claims court to collect unpaid monies.

Trenton Tenant Eviction Lawyer

One a Judgment for Possession is obtained, the landlord must wait three business days after the court date to file a Warrant of Removal. This gets the process started. After the Warrant of Removal is served on the tenant, the landlord must wait another three business days before an eviction can be scheduled.

Keep in mind that, during this time, the Tenant can try to apply to the Court to vacate the judgment or stay the eviction. It is important to be vigilant of any petitions filed by the tenant while the landlord is waiting to evict them.

Lawyer for Tenant Eviction Trenton Free Consultation

The eviction process can get technical, and is heavily based on the law. Our attorneys will assist you in this process, and appear in court on your behalf when necessary. Call The Law Offices of Greg Prosmushkin, P.C. to schedule a free initial consultation with our Landlord-Tenant Lawyers today.

This content was written on behalf of Greg Prosmushkin.