Legal Question in Landlord & Tenant Law in New Jersey

What proof do you need to evict a tenant based on care of property? I read that a lease will usually state that tenant is responsible for any damage done to the property by their children, guests, or pets if it is more than “normal” wear and tear. The law requires tenants to be responsible for the proper care of the landlord’s property even if your written lease contains nothing about this or if you have an oral lease. Under the Anti-Eviction Act, they can be evicted for destroying the landlord’s property. What evidence needs to be presented to have this occur if the tenant refuses to let the landlord in with notice for an inspection during the course of the lease?

Asked on 3/14/13, 9:32 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I would need to look at the lease and go over what the tenant has failed to do. Then I could give you some advice.

You need a lawyer to sit down with you and give you some advice.

I can explain things in detail in person after we talk. I will explain what legal issues I see, and what I can do to assist you.

This will be a free consultation. After we talk, you can decide what you would like to do.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]


DISCLAIMER: Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 3/14/13, 10:33 am

Matthew Schutz Matthew R. Schutz, Esq.

I agree with counsel that the lease needs to be reviewed. Assuming solely for purposes of discussion, that you have a typical lease with standard provisions, the destruction of the the premsis is a basis for eviction. In addition, assuming the standard terms and provisions, you have the right to inspect on reasonable notice. This is usually 24 hours notice. The refusal to allow the inspection is a violation of the lease terms and forms a seperate basis to evict. Again the lease needs to be read through. Your lease may not be typical. Given the technical aspects of NJ L/T law, I think retaining counsel is neccessary.

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Answered on 3/14/13, 10:56 am

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