New Jersey  |  Landlord & Tenant Law

Legal Question

Asked on: 5/04/05, 3:04 pm


If an Eviction proceeding has been initiated and the tenant pays the landlord the rent does the landlord have a legal obligation to notify the court and have the case dismissed?

If they do not and they recieve a Judgement of Possession by default even though the rent has been paid is this a wrongful eviction by law?

1 Answer

Answered on: 5/05/05, 7:50 am by Dale Lundquist

Re: Eviction

If all rent, late charges, attorneys fees, if any, court costs and other charges have been paid prior to court and nonpayment is the only reason for eviction the landlord should notify the Court of this. However, the landlord is entitled to go to court and state this to the judge in case he/she wishes to establish a record of a history of late payments as a basis for possible future eviction proceedings. However, a judgment may not be entered against you although if a landlord does not tell the judge that you are paid in full the court has no way of knowing this unless you show up at the scheduled time with your proof of payment or write to the court well in advance of the hearing date and enclose copies of your receipts, etc. Never send your orignal records and be sure to call the court clerk before the eharing date to make sure your letter was received. Still, errors can be made so it's best to go to court to present your records in person.

Yes it is a wrongful eviction and you may have a claim against the landlord if you moved or were removed based upon a judgment that was improperly entered against you. The landlord may also be held for perjury, contempt or a similar offense for misrepresenting the facts to the court.

For further information, consult an attorney in your area who is familiar with landlord/tenant law.

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