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Our office has significant experience in representing both landlords and tenants in eviction proceedings in every county in the State of New Jersey. Eviction matters are heard in the Superior Court of New Jersey, Special Civil Part, Landlord/Tenant Part.
When filing a claim for an eviction, you are only suing to remove a tenant or tenants from your property. To do so, you must be able to show that a landlord/tenant relationship exists. For example, a lease agreement, a history of rental payments, emails, text messages, and the like are usually utilized by litigants to demonstrate that a landlord/tenant relationship exists.
You are only suing to reclaim possession of your property. Any claims for outstanding rent must be filed separately in a separate legal action for breach of contract.
To evict a residential tenant, you must have a legal basis such as:
Our office has handled thousands of landlord/tenant matters through trial. We have also successfully resolved issues between landlords and tenants through settlement agreements and mediation.
After a trial or settlement, the Landlord will seek to obtain a judgment for possession. A Court will either grant or deny a landlord with a judgment for possession seeking the right to possession of the premises.
After obtaining a judgment of possession, the landlord will need to obtain a warrant for removal. The warrant of removal can only be issued at least three (3) business days after the judgment for possession is entered. A special civil parts officer serves the tenants with the warrant of removal and schedules a date and time to lock out the tenant. Our office coordinates the lockout with the client and special civil parts officer to change the locks and store the tenant(s) property.
It is important to note that landlords cannot engage in self-help and evict tenants themselves and must utilize the courts to do the same.
Most landlord/tenant cases in New Jersey involve non-payment of the rent. However, many other landlord/tenant matters require that a landlord first serve a tenant with a Notice to Cease and/or a Notice to Quit. Oftentimes, self-represented litigants lose their cases in court for failure to comply with New Jersey’s notice requirements depending on the type of eviction they must file.
It is important for litigants to utilize the services of experienced landlord/tenant attorneys like our firm in order to fully protect their interests.
Unlike evictions, ejectment actions are filed by property owners seeking to eject individuals with no right, title, or interest in the property. These individuals are squatters or unlawful occupants, and no landlord-tenant relationship exists. To evict these individuals, you must file an action in the Superior Court of New Jersey and handle the ejectment through the proper legal channels.
A property owner who seeks to remove a squatter or unlawful occupant may still have issues with the law if they attempt to engage in self-help. You must always utilize the proper legal channels without resorting to self-help.
After a mortgagee successfully reclaims a property after a foreclosure is completed and a sheriff’s sale is conducted, the former owner may not leave the property. When that happens, the purchaser at the sheriff’s sale or lender will need to file for a writ of possession seeking to remove the former property owner from the property.
Usually, on the eve of a lockout for a residential/commercial eviction, ejectment, or writ of possession, the occupants will file an emergent application with the Superior Court of New Jersey seeking to extend the lockout until a further date as a result of hardship and other facts. Our office regularly handles these emergent applications in every county and has achieved great success in these matters for our clients.
Our office handles hundreds of evictions, ejectments, and writs of possession evictions on behalf of REO property management companies, asset managers, and lenders throughout the State of New Jersey.
Our attorneys are available 24 hours a day, 7 days a week. Call us today at 973-256-1414 or email us at mail@varanolaw.com to schedule a free consultation. If you are interested in our services to assist you with a landlord-tenant eviction, ejectment or post-foreclosure writ of possession, you should schedule a free consultation with our firm as soon as possible.
When you turn to the skilled and dedicated team at the Law Offices of Steven A. Varano, P.C., you gain the experience you need for your evictions, ejectments, and writs of possession evictions. Our team is well respected throughout the State of New Jersey and has worked closely with clients, property owners, banks, realtors, management companies, and the like to make the eviction/ejectment process as smooth and easy as possible.
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