Evicting tenants is a time-consuming and expensive process in New Jersey. After a moratorium on evictions during the state of emergency caused by the Covid-19 pandemic, a lot of landlords are deciding what to do with their tenants who are behind in rental payments and still not meeting their financial obligations.
It’s a tricky situation. If you decide that you’re going to move forward with eviction, we recommend that you talk to a professional New Jersey property management company. The eviction process is detailed and specific, and there’s a lot of room for error. Unfortunately, even the smallest mistake can get your eviction thrown out.
There are several reasons to evict a tenant in New Jersey, but the most common reason is nonpayment of rent. These are some of the early steps you can take on your own before you evict a tenant for nonpayment of rent. When it’s time to head to the courthouse, call your property manager.
When Rent is Late in New Jersey
Your lease agreement should include your rent collection policy, which outlines how much rent is due, when it’s due, and how it should be paid. Make sure your tenants know whether there is a grace period in place, and be sure the lease states what the penalties will be if rent isn’t paid on time.
If the grace period has come and gone and the tenant has not been in touch to explain why rent is late and when you can expect it, you’ll need to send a written notice.
Evicting New Jersey Tenants
In New Jersey, you aren’t legally required to provide a Notice to Pay or Quit letter to your tenants before you begin the eviction process. The only stipulation to this is that you haven’t habitually accepted late rent from this tenant over the course of the lease. If the tenant fails to pay rent when it is due, the landlord can go directly to court and file an eviction lawsuit against the tenant, thus ending the tenancy
However, we recommend you send a letter to the tenant explaining that rent is late and you are beginning the eviction process. This should motivate them to get caught up or to reach out to you to talk about a payment plan or an agreement.
The next step involves going to court to file for the eviction. This is where we believe professional New Jersey property management help is crucial. The attorneys we work with understand the court system and the laws that are in place. They know what tenants will do or say to try and defend themselves or avoid eviction. They have been in front of these judges in the past.
Protect Yourself from Liability During Evictions
A lot of owners get emotional when rent isn’t paid. Your tenants are basically living in your property for free, and there’s good reason to feel angry about that. However, you need to remain professional and exercise restraint. You cannot change the locks or turn off the utilities. You should never show up at the property and confront your tenants. Don’t let the situation escalate out of control, and don’t let your emotions take over.
A good property management company will remain calm and protect you from mistakes and additional financial loss. If you’d like to hear more about how to avoid messy and expensive evictions in New Jersey, please contact us at KeyVest, LLC.
