Middlesex County Eviction Lawyer
In New Jersey, there are several laws governing various aspects of the landlord-tenant relationship. From security deposits to evictions to abandoned property, it is important that both landlords and tenants clearly understand their rights and obligations under the relevant provisions of the law. Centrally located in New Brunswick, NJ, the Law Office of Craig Rothenberg is experienced in handling landlord-tenant and other real estate issues in Middlesex County and throughout the State of New Jersey.
For our landlord clients, we provide “soup to nuts” services from the first step in the creation of the landlord-tenant relationship, i.e., preparing the lease agreement, to the final step in lawfully removing the tenant and his or her property from the premises.
For our tenant clients, we will help you understand your rights under the relevant laws and assist you with reaching your desired outcome, whether it is continuing to live in your rental unit, asking your landlord for certain repairs, terminating a lease, etc.
Grounds for Eviction in Middlesex County, NJ
New Jersey’s Anti-Eviction Act strictly prohibits “self-help evictions,” which include situations where a landlord changes the locks, shuts off utilities, or otherwise prevents the tenant from entering or living in the premises. Many landlords are under the impression that they are permitted to force a tenant to leave the premises after the lease has expired. That is not the case. Even when there is an expired lease (whether written or oral), landlords must still comply with the terms of the Anti-Eviction Action and may only terminate a tenancy for cause as defined by the statute. The Act sets forth different grounds for eviction, including but not limited to:
- Failure to pay rent
- Habitual late payment of rent
- Violation of the terms of the lease (for example, smoking or pets)
- Disorderly conduct
- Damaged or destroyed property
- Illegal drugs or other criminal charge convictions
The Act sets forth the process for eviction based on each ground. For example, in a non-payment of rent case, the landlord is not required to provide the tenant with any prior written notice before filing the complaint for eviction. If the landlord is seeking to evict based on the tenant’s violation of some other term in the lease (i.e., pets, smoking, disturbances), then certain notices are required as a prerequisite to terminating the tenancy and filing the complaint many of which contain differing timeframes. In some instances, i.e., willful destruction of property, drug dealing, the landlord can terminate the tenancy on 3 days’ notice and then file for eviction.
If the landlord fails to strictly follow the procedures set forth in the Act, the landlord’s complaint may be subject to dismissal. The Act can be confusing to the average reader so it is critical that your attorney understands the many nuances contained therein. The eviction process can take several months depending on the specific ground for eviction the landlord is relying upon.
Off-Campus Evictions for Middlesex County College Students
It is important to remember that college students living in off-campus housing at Rutgers University or any other school have the same rights as other tenants when it comes to evictions. Landlords must abide by the same laws and follow the same procedures when attempting to evict a college student as they would with any other tenant.
A Middlesex County Eviction Lawyer Can Help You
If you are a landlord who has issues with a tenant, or you are a tenant who believes that you are being evicted without proper cause, please contact the Law Office of Craig Rothenberg today to discuss your situation. Located in New Brunswick, NJ, Craig Rothenberg is an experienced eviction attorney who will fight to make sure you are complying with the pertinent laws and/or that your rights have not been violated in contravention thereof.