You come home one day to an unexpected eviction notice on your door. You don't think you've done anything wrong-what should you do? If you've been wrongfully evicted by an unfair landlord, turn to a landlord-tenant law firm. Salierno Law, LLC has a proven track record of protecting clients who were unlawfully evicted in Jersey City, NJ.
Your eviction attorney will fight aggressively for your right to stay in your home. We also represent landlords who need to evict irresponsible tenants. Schedule a consultation with us today.
There are two types of tenancies in New Jersey: those subject to the protection of the Anti-Eviction Act and those that are not.
N.J.S.A. 2A:18-53: Tenancies that are not covered by the Act are all commercial tenancies, seasonal tenancies (125 consecutive days or less and permanent place of residence elsewhere), and residential tenancies in owner-occupied 2- or 3-family properties. If the lease is month-to-month, these tenancies may be terminated by the landlord or tenant on one month’s notice for any reason or no reason.
N.J.S.A. 2A:18-61.1: The vast majority of tenancies in New Jersey are protected by Anti-Eviction Act; that is, properties with four or more rental units, single-family homes, condominiums, and of course, non-owner-occupied 2- and 3-family properties. Tenants in these properties may be evicted only for one of nineteen enumerated statutory grounds.
"If they don't have the dough, they have to go." Non-payment of rent is the most common type of eviction and the only ground which does not require notice. Every other ground requires service of a notice on the tenant before going to court. This makes it the fastest and easiest way to evict tenants, and, contrary to popular belief, it does not matter how long the tenant has lived at the property, the age of the tenant, or the number of children that live at the property. However, the tenant has the right, pursuant to N.J.S.A. 2A:53- to redeem by paying the outstanding rent balance on or before the court date. Tenants may also be evicted for failure to pay additional rent if the lease so provides. Additional rent could include late fees, attorney fees, bounced check fees, court costs, and other charges.
There is a common misconception that rent is due on the fifth day of the month. However, the only tenants that have a five-day grace period by law are tenants who pay the rent from money they receive from government pensions, Social Security income, etc. Every other tenant has a grace period only if the lease provides for one.
A similar, related ground is failure to pay a rent increase. A rent increase may not be unconscionable, and factors in this determination include the percentage of increase, hardship on landlord, market value, etc. If the apartment is rent-controlled, then the local ordinance limits the amount of the increase.
Habitual non-payment or late payment of rent is also a common way to evict tenants. It requires at least three notices.
Disorderly (noise, odor, etc.), damage, theft, assault, owner/buyer moving in
After non-payment, lease violations are the second most common way to evict tenants. That is why the lease is so important because it expands the list of ways to evict the tenant. Common violations are additional occupants, smoking, using common areas, pets, and washing machines.
Lease, SD, W9/W8, joint and several liabilities, guarantors, attorney review and credit/eviction/background check.