New Jersey Landlord and Tenant Statutes set forth the reasons Landlords can use to evict tenants.. See for example, NJ.S.A. 2A:18-53-2A:18-84.
However, there are cases in which there is no written lease, verbal lease or agreement to pay rent between the Owner and Occupier of real estate. If there is no Landlord and Tenant relationship, eviction proceedings cannot be filed in Landlord and Tenant Court.
This happens in certain cases including, but not limited to:
1. Owner purchases property at Sheriff’s sale or auction and the Mortgagor refuses to vacate premises after sale.
2. Owner allows family members or friends/acquaintances to occupy a property and said person(s) or other Occupants refuse to vacate premises after being asked by the Owner to Vacate said premises.
The Owner can still obtain relief by filing an Ejectment Case in the New Jersey Special Civil Part.
In reference thereto, a Notice to Vacate/Quit premises should be given to the Occupier. Thereafter, a Verified Complaint in Support of Order to Show Cause must be filed in the Court with accompanying documents. Relief should be requested in accordance with N.J.S.A. 2A: 35-1 et seq and/or N.J.S.A. 2A:39-1 et seq. and any other applicable statutes.
Once ejectment papers are filed, they must be served upon the Occupier of the real estate and proof of service filed with the Court.
If relief is granted, the Judge will sign an Order for Possession at which time the Owner can file a Writ of Possession with the Court for service upon the Occupier. Once the Writ of Possession is served, the Occupier of premises will be evicted at a time a date set forth by the Sheriff’s office.
This article is a brief summary only of the procedure on New Jersey Ejectment cases and is not offered as legal advice. Before proceeding with an ejectment case, Owners should seek assistance from experienced real estate counsel.
Arthur R. Panza, Esquire
• Arthur R. Panza, Esquire has practiced Landlord and Tenant law in Pennsylvania and New Jersey for 36 years and 25 years respectively.
Arthur R. Panza
Attorney at Law
228 Kings Highway East Haddonfield, NJ 08033 Panza6@msn.com
Member: Pennsylvania and New Jersey Bars
NJ Tel: (856) 428-2121
Fax: (856) 216-9035
PA Tel: (215) 923-3079