Facing potential eviction due to unpaid rent can be stressful and overwhelming for tenants in New Jersey. However, as a tenant, you have legal rights in this situation. Landlords must follow specific legal procedures to evict you, and you have options to fight the eviction.
Below, we examine the steps of the eviction process and what your rights are.
Landlords may or may not give you notice
Before initiating the eviction process, your landlord may or may not give you notice of their intention to evict, depending on the reasons for eviction.
In New Jersey, the law requires landlords to serve a written Notice to Quit before taking legal action. However, the law does not require them to give you notice if the eviction is solely related to non-payment.
That said, there are exceptions. A notice is still necessary if you live in federally subsidized housing, if your lease requires notice, or if you used rent money to pay for certain utilities your landlord was responsible for but failed to pay. In that case, the amount you paid toward utilities counts as part of the rent.
Attending an eviction hearing
If the issue is not resolved, your landlord may file a complaint with the court. An eviction hearing will be scheduled, and both you and your landlord must attend the hearing. At the hearing, your landlord will present evidence supporting their claim that you have not paid the rent and that they gave proper notice.
You will also present your case, which may include disputing the amount of rent owed, addressing problematic lease or rental agreements, or claiming that the landlord failed to maintain the rental property in a habitable condition.
Understanding the judgment for possession
If the court decides in favor of the landlord, it will issue a judgment for possession, giving your landlord the right to take back the property. However, you will not be immediately removed. You will receive a specific timeframe to vacate the property voluntarily.
Keep in mind that the court will issue a Warrant for Removal, which authorizes the local sheriff or constable to physically remove you from the property if you do not vacate voluntarily.
While it is crucial to take a threat of eviction seriously, know that you have rights and options as a tenant.