 Court Technicality (by Brian [NJ]) May 18, 2011 8:36 AM
 Court Technicality (by Moshe [CA]) May 18, 2011 9:23 AM
Court Technicality (by Brian [NJ]) May 18, 2011 9:56 AM
Court Technicality (by Brian [NJ]) May 18, 2011 10:14 AM
Court Technicality (by Mike45 [NV]) May 18, 2011 12:34 PM
Court Technicality (by Brian [NJ]) May 18, 2011 1:40 PM
Court Technicality (by Brian [NJ]) May 18, 2011 1:40 PM
Court Technicality (by Brian [NJ]) May 18, 2011 1:40 PM
Court Technicality (by Doug [NJ]) May 18, 2011 2:03 PM
Court Technicality (by Brian [NJ]) Posted on: May 18, 2011 8:36 AM
Message:
State Specific Question About: NEW JERSEY (NJ)
Got a question for all that have the great experience of having to file an eviction and completing the court process. Specifically all New Jersey Landlords. If the judge happens to rule in favor of the tenant for reasons other than non-payment based on a technicality regarding servicing of Notices to Quit, can you as a landlord file again for the same reasons in the cease and desist and notice to quit after the case was dismissed? Ensuring that notices are serviced within the correct state guidelines the second time around. --68.44.xxx.xx |
Court Technicality (by Moshe [CA]) Posted on: May 18, 2011 9:23 AM
Message:
Yes, the rent is still unpaid, isn't it.
Serve a new Notice to Quit and do it right this time.
--96.247.xx.xxx |
Court Technicality (by Brian [NJ]) Posted on: May 18, 2011 9:56 AM
Message:
Moesha, here's the situation. My court date is currently set for May 26. After reading up on the laws I noticed that if I were to evict for damages to property among other things I needed to have served the notice 3 days prior to filing for eviction. I did create the notice within that timeline but it wasn't until 1 day before I filed for eviction.(I'm learning the ropes here). I do have a solid case but I understand that my state is very tenant friendly.
My plan was to go see how things are handled in these situations down in the court room tomorrow, just to get a feel for things. Then I would either follow thru with initial court date of May 24 or two have it dismissed and file a second time for non-payment of rent which would be a lot harder for the tenant to defend, especially since they do not have the means to pay for the month of May onward. They were being subsidized 100% by the state. What do you think about that? --68.44.xxx.xx |
Court Technicality (by Brian [NJ]) Posted on: May 18, 2011 10:14 AM
Message:
I meant original court date of May 26. --68.44.xxx.xx |
Court Technicality (by Mike45 [NV]) Posted on: May 18, 2011 12:34 PM
Message:
Serve the new Notice ASAP, in full compliance with the state requirements. Once it has been served and the period has expired, file a new lawsuit.
Once the new lawsuit has been properly served, dismiss the first case WITHOUT PREJUDICE (if that phrase is used in NJ).
For now, though, keep the May 26 date on calendar, until you have served not just the new Notice, but also the new lawsuit, just in case you need to serve papers on the tenants. Because you know that they will be in court and can easily be served that day, right? (And if you haven't served them, but they don't show up, you might win in court that day if the judge is sloppy.) But if you have served them with the second lawsuit, I would dismiss the first lawsuit.
--216.240.xx.xxx |
Court Technicality (by Brian [NJ]) Posted on: May 18, 2011 1:40 PM
Message:
Mike45, if that's the case then maybe I should go ahead and file the eviction for Non-payment since in NJ there isn't any notice required for non-payment and a court date would be scheduled within the next four weeks. It's a defense that is harder for the tenant to defend since it's just a question of whether you paid or not. Since they obviously don't have the capacity to pay, it would be very simple for the judge to rule in my favor without all the complications of notices being sent. If I do this, I'm wondering if I should just go ahead and dismiss the first eviction case and wait for the new court date? --68.44.xxx.xx |
Court Technicality (by Brian [NJ]) Posted on: May 18, 2011 1:40 PM
Message:
Mike45, if that's the case then maybe I should go ahead and file the eviction for Non-payment since in NJ there isn't any notice required for non-payment and a court date would be scheduled within the next four weeks. It's a defense that is harder for the tenant to defend since it's just a question of whether you paid or not. Since they obviously don't have the capacity to pay, it would be very simple for the judge to rule in my favor without all the complications of notices being sent. If I do this, I'm wondering if I should just go ahead and dismiss the first eviction case and wait for the new court date? --68.44.xxx.xx |
Court Technicality (by Brian [NJ]) Posted on: May 18, 2011 1:40 PM
Message:
Mike45, if that's the case then maybe I should go ahead and file the eviction for Non-payment since in NJ there isn't any notice required for non-payment and a court date would be scheduled within the next four weeks. It's a defense that is harder for the tenant to defend since it's just a question of whether you paid or not. Since they obviously don't have the capacity to pay, it would be very simple for the judge to rule in my favor without all the complications of notices being sent. If I do this, I'm wondering if I should just go ahead and dismiss the first eviction case and wait for the new court date? --68.44.xxx.xx |
Court Technicality (by Doug [NJ]) Posted on: May 18, 2011 2:03 PM
Message:
Brian, I thought you had already amended your filing to include non-payment as one of your reasons for evicting? If so, don't worry about it - go through with the date you've got... Otherwise you will lose another month of no rent while waiting for a new court date.
The other issues are secondary to the non-payment, which is the easiest way to receive a judgement for possession in NJ. Since you are representing yourself, you're only out the filing fees (plus whatever your time is worth) even if you lose. You just re-file and count the experience as lesson learned for future trips to the courthouse. It's not as bad as you may think - it's just a matter of having your arguments clearly documented and make a valid case for the judge. Unless your tenant has studied up on how to receive stays from the court (which I have seen on numerous occasions), chances are in your favor. --216.139.xxx.xxx |
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