State Specific Question About: NEW JERSEY (NJ)

This as a follow up question to a previous post last week regarding eviction of a tenant. Tenant should have vacated the premises on April 28,2001. Tenant to date has not moved an inch even after I informed her that I would provide her with half her deposit to do so($500). This was after move out instructions and a Notice to Quit had been issued. She paid me lip service about she would be moving out soon and currently looking for a place. Mind you she was on public assistance and was kicked off the program due to lack of motivation and requirements for the program. She's known about the move out since February.

So instead of me paying any mind to this I went to file for eviction Friday, April 29th. I am now waiting 10 to 14 business days before being notified of court date and time. Which puts me out to May 19th. Since she refuses to move and is in breach of several violations of lease agreement that were identified to her does any one here see why a judge would not provide a ruling in my favor for Judgment of Possession? I also identified several other violations after Notice to Quit was issued since then, wondering if it helps or hurt my case to bring this up to the judge or issue another separate Notice to Cease and Desist with those added violations since it was not in original Notice to Cease and Desist or Notice to Quit.

The other question I had was concerning the security deposit. I read somewhere that in holdover situations tenant is responsible for double the amount of rent for each month stayed beyond term of lease. So for the month of May instead of paying $X she's responsible for $2X Much like if a landlord does not return monies owed from Security Deposit within 30 days, tenant could sue or collect double the amount of the deposit. Can anyone in New Jersey or elsewhere confirm this?

Brian, I am glad that you are asking for NJ confirmation of "Tenant is responsible for double rent if T is a hold-over."

That MIGHT be true in one state or another, but you need NJ specific info. That is NOT the case in CA or NV, but again, you need NJ info.

I would not raise other issues at this time. Keep it simple -- the most simple is "she has not paid rent." The judge will ask her "did you pay the rent? Let's see the receipt or canceled check or your copy of the money order." Simple. Other violations of the lease, not as simple.

Also, by making a demand under the lease, you are ratifying the lease, whereas you might have already terminated the lease by your first notice. You don't want to do that!

Wow. Ok, just sent her a second Cease and Desist notice regarding having illegal people not assigned to lease to be removed. Logic was if things do not go as planned this go round and judge rules in her favor I can get her next go round with this one. It was worded to that effect any way.

Your best recourse is to move for eviction under NON-Payment of rent L NJSA 2A:18-61.1a, since it’s a pretty easy case either you paid rent or not

In order Prevail under Violation of lease covenants: NJSA 2A: 18-61.1 (d) or (e): Requires a notice to Cease and one month Notice to quit is necessary also a right of reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, Without that right stated in your lease the landlord recourse is simply for damages for breach of contract, rather than possession; Wehrle v. Landsman, 23 NJ Super 40, 45 (Law Div. 1952)’ hence if your lease did not reserve the right for reentry for lease violations you will not gain possession

Also: landlord tenant court is possession only, if you win and evict the tenant for nonpayment, you will have to re-file in small claims court if you want to get a judgment against the tenant, not sure why you would waste your time since it seems the tenant is not collectable

Note: if you prevail in court and a judgment for possession is issued, you must wait three days to even submit the warrant to the sheriff office, then the sheriff office must issue a three day notice/warring to the tenant and a weekend before they sheriff can execute the order

Rick thanks for your suggestion. Based on N.J.S.A. 2A:18-61.1 a: No notice is required for eviction, except in public housing.

Since there is a five day grace period before rent is considered late, I would have to wait until the 6th Friday to file. The county clerk did mention that some people do file evictions first based on other reasons than non-payment in rent, but then file separately for non-payment of rent at first chance. I believe that this is the route I will be taking.

To get double the rent, the tenant would have to notify you in writing of plans to move and then not move.

Ally,