Evicted in NJ? Know Your Tenant Rights.


If you are in the process of being evicted, or think that you may be in danger of being evicted from your NJ rental apartment or house, it’s important to know that you have rights as a tenant.

Renting has become an increasingly popular way to obtain residency in recent years as mortgage rates have soared. To landlords, that means there are more people looking for a place to rent. This way of thinking has led some landlords to prematurely evict (or attempt to evict) tenants who are late with the rent several times.

If you fall into the category of a renter with habitual late payments, but have a reason for your payments being late, and have been able to make payments at least once every 3 months, you may have a good case for avoiding eviction.

Let’s face it, no one WANTS to have to go through the trouble of finding a new place to live all over again, filling out applications, white-knuckling the wait period, rounding up friends and family to move unwieldy couches and heavy bedframes, yada yada yada. It’s no fun being evicted in New Jersey, or anywhere, for that matter.

Is Your Financial Trouble Temporary?

If you have lost your job and have absolutely no prospects for future employment and your debts are quickly rising around you, it may not be possible to avoid eviction.

However, the New Jersey court system is typically on the tenant’s side – hoping to give you a chance to get back on track with your rent payments in order to stay in your home. In fact, if you can pay any late rent (default) plus late fees and possible attorney’s fees (if your landlord has filed a complaint) before your court date, the complaint will be dismissed and you will not be evicted at the current time.

It’s notable that, if you are currently receiving FHA help, any late fees and attorney’s fees for the opposing party are disallowed in New Jersey.

If it looks like your financial cards may be falling into order sooner rather than later, it is well worth the fight to avoid the additional costs associated with being evicted in order to stay where you are. A NJ attorney who has experience helping clients with real estate and landlord/tenant issues will be able to easily assess your situation to give you sound advice regarding whether you’d be better off starting over somewhere new (perhaps in a lower rent area), or whether it’s in your best interest to attempt to right your late payments and stay in your current place of residence.

If you need more information on New Jersey eviction law and your rights as a tenant – call or email George Veitengruber today and inquire about a free consultation.

Image credit: Joris Louwes