Legal Question in Real Estate Law in New Jersey

Eviction Process

I have a question related to the eviction process in a rental property. Can you tell me every step in the eviction process in terms of time frame- that is: how soon can I file a eviction complaint if the tenant does not pay rent....; overall how long will it take for an non-paying eviction case from the beginning to the final eviction? Can the tenant file hardship protection such as elderly, disability, pregnancy... etc to prevent me from filing an eviction even though they did not pay rent or violate the lease? Are there any exceptions or provisioins that will favor the tenant in the process?


Asked on 10/29/02, 2:15 pm

2 Answers from Attorneys

Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Eviction Process

Here are the answers you requested.

http://www.njlawnet.com/njlawreview/njlandlordtenant.html

We have offices in Newark, New Jersey and New York City. We have 8 attorneys and asupport staff of 8. We represent numerous builders, real estate developers,owners, contractors, architects, condominium associations, property managementcompanies as well as the United States Department of Housing and UrbanDevelopment. We also represent the United States Department of Justice inforeclosure matters in New Jersey. HUD has also named two of our firm'sattorneys Foreclosure Commissioners.

Our firm�s attorneys offer a widerange of background and experience in other aspects of law including business,tax, corporate, estate planning, municipal court matters, and litigation.

We maintain the Preeminent AV rating whichis the highest rating designation proffered by the Martindale-Hubbel legalorganization. This rating has only been obtained by approximately 5% of the lawfirms throughout the United States.

We are compensated at an hourly rate thatvaries depending on the current rate of the attorney performing services. Generally, our rates are between $160-$225per hour depending on which attorney works on your case.

You are also responsible for the costs andexpenses incurred in the performance of our services. These may include court filing fees, postage, photocopies, tolltelephone calls, travel, and other expenditures made on your behalf. Our bills are submitted monthly and thepayment is due upon your receipt. Payments made after 30 days incur an interest charge of 12% per annum. We welcome candid inquiry concerning ourcharges and always do our best to complete our work in a minimal amount of time.

Read more
Answered on 10/29/02, 2:25 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Eviction Process

If you have not already sent a certified, return receipt demand letter, do so immediately and reference the lease provision on payment due and late charges. After the allowable period (usually 10 days from receipt of letter) you can file eviction in the Landlord/Tenant part of the County Court. You can request that the hearing be held promptly (usually not more than about 2-3 weeks). Tenant can claim hardship to the eviction, but must be and continue to be current in the rent payments. You can ask that the payments be made through the Court. The Court may allow some time for the rent to be brought current before eviction is granted. The entire process should not take longer than 4-6 weeks from start to finish, perhaps faster. Timing depends upon court backlog.

Read more
Answered on 10/29/02, 2:42 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey