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Eviction Law in Edison, NJ

What Is an Eviction?

An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Edison, New Jersey eviction law can help.

Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.

When Can Landlords Send a Termination Notice?

The Tenant Doesn’t Pay Rent

If a delinquent Edison, NJ tenant frequently pays rent late, or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.

The New Jersey Department of Community Affairs states that senior citizens in Edison are to be granted a 5 day grace period in which to fully pay their rent. If the rent is paid within this grace period, a landlord is not permitted to assess late penalties.

You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.

The Tenant Violates the Terms or Conditions of the Lease Agreement

Lease agreements are legal contracts. This means if your tenant violates the contract in any way, it can be grounds for eviction. For example, if your lease agreement says that your tenant cannot have an additional person living in the unit, and they violate that rule, you can begin the eviction notice process.

The lease agreement is also legally binding for the landlord. This means that any Edison landlord must also follow the rules laid out in the agreement, such as making repairs, and performing maintenance written into the lease.

The Tenant Damages the Property

Tenants are going to cause damage to the property; it’s unavoidable. Wear and tear when living in a home is normal. Still, there’s a difference between scratches on the wall or broken blinds, and intentional destruction of property.

If it’s clear that your tenant is causing severe damage to your property, such as breaking through walls or smashing windows, this may be cause for eviction. However, if your tenant makes repairs themselves, and doesn’t make any major changes to the property, this might not be grounds for eviction.

The Tenant Uses the Property for Illegal Purposes

If your tenant is using your Edison property for illegal purposes, such as selling drugs or weapons, this can be clear grounds for eviction. Reporting the issue might also bring criminal charges against the tenant.

However, you should prepare to provide evidence that the tenant is using the property for illegal purposes. If law enforcement came to the property to address these issues at any time, these reports can prove helpful.

How to Evict a Tenant in Edison, New Jersey

If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.

Step 1. Check Your Local Laws

Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Edison, NJ attorney can help review your case to determine if you do.

The New Jersey Tenant’s Rights Legal Manual is a comprehensive guide for those wishing to rent property in Edison. Tenants have a right to be free from discrimination during the rental process. They are also entitled to a safe and clean living space. Furthermore, tenants are entitled to have their landlords make reasonable repairs, and for the landlords to keep all common spaces clean. They are also entitled to their reasonable rights to privacy.

Step 2. Give a Formal Notice of Eviction

If attempts to resolve issues with your tenants have failed and they continue violating the terms of your lease, the next step is to issue a formal eviction notice. This notice acts as a final warning, outlining the specific lease violations and providing clear instructions on how the tenant can resolve the issue to avoid eviction proceedings.

Your eviction notice should also set a firm deadline for the tenant to either pay overdue rent or vacate the property. Be sure to include the exact amount owed and any steps required to fix the violation. If you’re uncertain about drafting the notice, consider using online templates or consulting a legal professional to ensure it meets all legal requirements.

New Jersey Eviction Protocol determines that a landlord must serve the tenant with a Notice to Quit. The landlord has to give cause for the eviction in the notice. After filing with the court, a date will be set, and the tenant will appear and make a plea for his or her case. If the court finds in favor of the landlord, they will issue a Warrant for Possession and the tenant will have just 3 business days to vacate the premises. Edison residents can still petition the court for a stay of eviction due to hardship. However, this stay cannot last longer than 6 months.

Step 3. File the Eviction with the Court

You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Renters facing eviction in Edison may have to appear before the Edison Township Municipal Court.

Step 4. Contact an Experienced Edison, New Jersey Eviction Attorney and Prepare for the Hearing

You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:

  • Lease agreements
  • Records of payments
  • Bounced checks
  • Record of communication between you and the tenant
  • Record of the eviction notice
  • Proof that the tenant received the notice

Step 5. Evict the Tenant

If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Edison, NJ law enforcement to forcibly remove them from the property.

Step 6. Collect Past-Due Rent Payments

If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through a number of methods:

Work with an Experienced Eviction Attorney in Edison, New Jersey

The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Edison attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across New Jersey state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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