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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

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Edison NJ 08817
732-572-0500
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Landlords- Evicting deadbeat tenants for non-payment of rent

LANDLORDS - EVICTING TENANTS FOR NON-PAYMENT OF RENT

By Kenneth A. Vercammen Esq

This article will briefly explore certain remedies and recommendations to landlords. Unlike big apartment complexes, many landlords in New Jersey do not have full time management companies handling the collection of rent. Yet all landlords should handle their payments as a business, just as big corporate landlords.

WRITTEN LEASE

A written lease is recommended for all rentals even for a month to month. Your lease should specifically require that the tenant pay the landlords attorneys fees if they fail to pay rent or breach the lease in any way. If a written lease does not provide for attorneys fees, the court cannot award attorneys fees. In addition, your lease should provide in writing for re-renting cost if the tenant breaches the lease. Many leases also provide for late fees.

 

NON-PAYMENT OF RENT

If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons Dispossess Eviction Complaint must be filed in the Supreme Courts Special Civil The court filing fee is now $50 plus mileage, payable Treasurer, State of New Jersey.  Different attorneys charge different fees depending upon the amount of work to be done. Your attorney can prepare the mandatory complaint and summons. Our minimum fee is $1,200, up front. Our consult fee is minimum $150.

The court constable is required to personally serve the tenant with a copy of the complaint. The court clerk will fill out the date and time for hearing on the summons, which also will be served on the tenant.

You and your attorney should appear on the date for hearing. If the tenant appears, parties sometimes work out a payment plan for rent with a stipulation of settlement and stay of eviction. The landlord and tenant usually agree if all rent is not paid according to the schedule, the court is directed to issue a warrant for possession.

 

FAILURE OF TENANT TO APPEAR

If the tenant fails to appear by the second call, you can pay an additional fee for a warrant of removal. This is obtained at the Special Civil Part Clerk, Tenancy Section Office. After waiting three days, the constable is given the warrant to serve at the tenants property. If the tenant still fails to move, arrangements can be made with the constable and locksmith to physically remove the tenants and change locks.

 

 

REGISTRATION OF PROPERTY

Most residential units most be registered with the town. It is a good idea to bring proof of registration when you go to court.

Eviction Bill/ Services

  1. Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs
  2. Fill out the form Tenancy Summons.

Prepare Letter to court to File Complaint

 

Tenancy Division

PO Box 1146

New Brunswick, NJ 08903-1146

 

Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St., New Brunswick, NJ 08901.

Review Complaint, summons Court hearing notice and supporting documents,

Travel to Middlesex County Courthouse

Spoke with client

Attendance at Judge mandatory opening statement, attendance at calendar call/hearing

Meeting with client

Minimum legal fee Eviction Bill/ Services

  1. Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs
  2. Fill out the form Tenancy Summons.

Prepare Letter to court to File Complaint

 

Tenancy Division

PO Box 1146

New Brunswick, NJ 08903-1146

 

Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St., New Brunswick, NJ 08901.

Review Complaint, summons Court hearing notice and supporting documents,

Travel to Middlesex County Courthouse

Spoke with client

Attendance at Judge mandatory opening statement, attendance at calendar call/hearing

Meeting with client

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

www.njlaws.com

 

Landlord tenant eviction questionnaire - CLIENT INFORMATION SHEET

 

Please fill out completely

(Please Print)

 

NAME __________________________________________________________

ADDRESS _______________________________________________________

 

CITY _____________________________ STATE _______ ZIP _____________

 

CELL-PHONE ___________________________________ (Area Code Needed)

PHONE-DAY __________________________ NIGHT ______________________

 

E-MAIL ADDRESS _________________________________________________

 

TYPE OF MATTER: ________________________________________________

 

 

REFERRED BY: ___________________________________________________

If referred by a person, is this a client or attorney? If you heard about the law office on the Internet, which search engine? What search terms did you use?

 

TODAYS DATE: __________________________________________________

 

DESCRIPTION OF MATTER:

______________________________________

______________________________________

______________________________________

QUESTIONS TO ASK ATTORNEY: ______________________________________

 

 

________________________________________________________________


Eviction Details

 

1. Name of Plaintiff(s)/Landlord(s): ___________________

 

Name of all Defendant(s)/Tenant(s): ____________________

 

____________________

 

____________________

 

___________________

 

 

2. Address of Rental Premises: ____________________

 

Tenants Phone No.: ____________________

 

3. The tenant(s) now reside(s) in and has (have) been in possession of these premises since

 

____________________________

(mm/dd/yyyy)

 

under (check one) _______ written or _______ oral agreement

 

 

4. __ Check here if the tenancy is subsidized pursuant to either a federal or state program or the apartment is public housing.

 

5. Amount due. The (check one) (x) monthly or ( ) weekly amount that must be paid by the tenants(s) for these premises is $___________

payable on the _______ day of each (__) month or ( __) week in advance.

 

COMPLETE PARAGRAPHS 6A, 6B AND 6C IF COMPLAINT IS FOR NON-PAYMENT OF RENT

 

6A. There is due, unpaid and owing from tenant(s) to landlord for rent as follows:

 

$______ base rent for ___________ month

 

$___ late charges, under paragraph ____, Line ___________ of written lease [no late fees unless set forth in written lease]

 

$______ base rent for ___________ month

 

$______ base rent for ___________ month

 

 

$ _________ attorneys fees, as specifically provided for in the lease under paragraph ____, Line ___________ [no attorney fees unless set forth in written lease]

 

________ other (specify ___________), if permitted by federal law, local law and the lease.

$______ court costs (fees for filing and serving the complaint)

 

Total due as of this notice is $______________________

 

 

Amount due after first day of the next month $___________________

 

 

IF THE COMPLAINT IS FOR OTHER THAN OR IN ADDITION TO NON-PAYMENT OF RENT. ATTACH ALL NOTICES TO CEASE AND NOTICES TO QUIT/DEMANDS FOR POSSESSION.

Landlord seeks a judgment for possession for the additional or alternative reason(s) stated in the notices

 

attached to this complaint. STATE REASONS under the Lease or Violations of NJ Eviction Law

 

 

 

 

 

What questions do you have?

 

 

 

 

 

 

FILE A SPECIAL CIVIL PART COMPLAINT FOR MONEY OWED

Most eviction complaints are evictions based only on non-payment of rent. The New Jersey Anti-Eviction Act places substantial notice requirement on landlords who wish to evict tenants for reasons other than non-payment of rent. If the tenant is able to pay the rent in full prior to warrant of possession, the court will let the tenant remain in the property.

 

HOW TO GET YOUR MONEY

The Tenancy Judge will not require the tenant to pay attorneys fees, damages and other costs. This court can only evict tenants, or permit tenants to remain if they paid the rent in full. To protect yourself and get all money due, file a money owed complaint in the Special Civil Part. The filing fee is less than $50.

 

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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Kenneth Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week for litigation and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.

He is chair of the Elder Law Committee of the American Bar Association General Practice Division. He is also Editor of the ABA Estate Planning Probate Committee Newsletter and also the Criminal Law Committee newsletter. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. And past Winner "General Practice Attorney of the Year" from the NJ State Bar Association. He is a 22 year active member of the American Bar Association. He is also a member of the ABA Real Property, Probate & Trust Section.

He established the NJlaws website which includes many articles on Elder Law. Mr. Vercammen received his B.S., cum laude, from the University of Scranton and his J.D. from Widener/Delaware Law School, where he was the Case Note Editor of the Delaware Law Forum, a member of the Law Review and the winner of the Delaware Trial Competition.

RECENT SPEAKING ENGAGEMENTS ON WILLS, ELDER LAW, AND PROBATE

Edison Adult School -Wills, Elder Law & Probate- 2007, 2006, 2005, 2004, 2003, 2002 [inc Edison TV], 2001, 2000,1999,1998,1997
Nuts & Bolts of Elder Law - NJ Institute for Continuing Legal Education/ NJ State Bar ICLE/NJSBA 2008, 2007, 2006, 2005, 2004, 2003, 2002, 2000, 1999, 1996
Elder Law and Estate Planning- American Bar Association Miami 2007
Elder Law Practice, New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need American Bar Association Hawaii 2006
South Plainfield Seniors- New Probate Law 2005, East Brunswick Seniors- New Probate Law 2005
Old Bridge AARP 2002; Guardian Angeles/ Edison 2002; St. Cecilia/ Woodbridge Seniors 2002;
East Brunswick/ Halls Corner 2002;
Linden AARP 2002
Woodbridge Adult School -Wills and Estate Administration -2001, 2000, 1999, 1998, 1997, 1996
Woodbridge Housing 2001; Metuchen Seniors & Metuchen TV 2001; Frigidare/ Local 401 Edison 2001; Chelsea/ East Brunswick 2001, Village Court/ Edison 2001; Old Bridge Rotary 2001; Sacred Heart/ South Amboy 2001; Livingston Manor/ New Brunswick 2001; Sunrise East Brunswick 2001; Strawberry Hill/ Woodbridge 2001;
Wills and Elder Law - Metuchen Adult School 1999,1997,1996,1995,1994,1993
Clara Barton Senior Citizens- Wills & Elder Law-Edison 2002, 1995
AARP Participating Attorney in Legal Plan for NJ AARP members 1999-2005

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
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The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation. The Law Office now accepts payment by American Express, Visa and Master Card.

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