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Evicting a Residential Tenant Who Pays Rent

ChatGPT Dec. 16, 2022

If you are a landlord in Hudson County, New Jersey, and your tenant pays rent late, or violates reasonable rules or promises in the lease, you may be able to file for eviction in the Special Civil Part of Superior Court. Here are the steps you can follow to file for eviction:

  1. Serve your tenant with a notice to vacate: In New Jersey, you must first serve your tenant with a written warning, also known as a "notice to cease," and then a written notice to vacate, also known as a "notice to quit." This notice must state the reason for the eviction, such as habitual late payment of rent, and give the tenant a certain number of days to vacate the premises (the number of days will depend on the reason for the eviction).

  2. File a complaint with the court: If the tenant does not vacate the premises after receiving the notice to vacate, you can then file a complaint for eviction with the Superior Court in the county where the rental property is located. The complaint must include a copy of the notice to vacate that you served on the tenant.

  3. Attend a court hearing: The court will schedule a hearing, at which you and your tenant will have the opportunity to present your respective cases. If the court determines that you have the right to evict the tenant, it will issue a judgment in your favor and issue a writ of possession, directing the sheriff to remove the tenant from the premises.

It's important to note that the eviction process can be complex and time-consuming, and improper notices result in dismissal of the complaint. It is advisable to seek the guidance of an attorney.