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Can I be evicted for being late 6 days on the rent? Doesn't the landlord have to go to court to evict?

Boonton, NJ |

We have been ideal tenants for months, the rent was always paid on time. This month we were 6 days late and received an email from our landlord to vacate the property in 30 days. We had every intention to pay but now I don't know. Furthermore, we never received a statement from the bank regarding our security deposit. I thought the security deposit was to be deposited into an interest bearing account, am I wrong? We recently found out the landlord has not paid the mortgage since we moved in. 9 month ago.

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Attorney answers 3


Yes is my observation to both questions.


It is not unusual for LL to send default notices after a tenant is late. Contact the LL and find out if all will be well if you pay the rent. As to the LL's failure to pay mortgage, that might be incentive for you to sign a lease for an additional period with your rent "stabilized." After foreclosure, the buyer will be bound by your lease.

DISCLAIMER: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise.
James S. Tupitza
212 W. Gay Street
West Chester, PA 19380


According to NJ Landlord Tennant court rules, if the landlord's reason for eviction is non-payment of rent, if the tennant pay rent plus court cost before or on the day of the hearing, the case will be dismissed. Therefore, in your case, the payment of the rent, even though it is late should prevent the landlord from filing a complaint. The landlord may not evict you prior to filing a complaint and getting a judgment for possession from court.

In the absence of a fully executed client agreement with a member of firm as your retained attorney, you should not consider information found within this answer or comparable Internet publication to constitute legal advice or opinion directed to any individual regarding a specific issue or factual circumstance.

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