This legal guide is a complement to my other guide on Landlord/Tenant Regulations. It is a brief introduction to how eviction or summary possession actions are done, and what other lawsuits are involved. It is a summary of NJ practice -- but other states follow most of these rules and procedures.
1
What is the Landlord Tenant Court and What Can it Do? (L.= Landord; T. = Tenant).
In NJ L/T court is a division of the special civll part, Law Division. It only hears LT matters and its authority is limited to eviction. It can also bar eviction. It can give the L a judgment for possession. It has no authority to issue a money judgment but it can order what amount of unpaid rent is due to avoid dispossession. The procedure is summary since it usually has one hearing; and there are no written interrogatories, depositions or pre trial exchange of documents. Both parties are expected to bring their proofs to court. Landlords who are businesses are usually required to be represented by counsel. Sole proprietors or lay property managers are allowed to come to court to represent L in these matters. But a business is rarely permitted to go pro se in court. A T can apply for legal aide representation, a L cannot.
2
The Anti Eviction Act
NJ has strong protections for T's. L's who have not registered, or do not have a certificate of occupancy, or who have made unconscionable rent increases or who threatened T's with evicton only because they want to get a higher rent from a new T, will find the court will refuse to grant them the eviction and may even fine or sanction them. I once had a L client who forced out senior citizens to make room for a condo conversion. (Let me be clear: this was not based on advice I gave him). The court gave him his eviction but also gave all of the senior T's six month free rent. The Anti Eviction Act prevents L from capricious evictions. The Act requires causes for eviction and proper notice.
3
Valid Causes for Eviction
The L must provide the T with written Notice to Quit and/or Notice to Cease. The T must continue the improper behavior after receiving the Notice. Then the L has grounds for filing a suit for eviction. The grounds are: failure to pay rent and/ or any additional rent; disorderly conduct on premises; wilful damage or injury to L's property; violation of reasonable rules and regulations; refusing to permit the L to enter the premises (on a reasonable basis and at a reasonable time); failure to pay rent after a rent increase notice; use of proscribed drugs on premises; assault on L or any other person; theft of L's or other's property; holdover tenancy, (remaining after Lease has expired or rent not paid); default on a payment agreement.
4
Tenant Defenses
Rent was paid timely and in the right amount (or L refused to accept a payment). Damage not caused by T. T.did not violate rules or the rules were unreasonable; T had permission to stay over from L.
The place is not habitable. The T has placed the rent in escrow until such time as the L makes the premises habitable. Waiver: T has a pet and there is a no pet clause-- but the L has not enforced the rule. The demands made by the L are unconscionable; the increase in the rent violates the municipal ceiling.
5
A Marini hearing
The trial is postponed for a later hearing. The T provides proof that the L has failed to maintain the premise in a livable condition. The L tries to show the premises are in good condition or the T caused the condition.If the L wins,an eviction follows,if the T wins the eviction is stayed.
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