Thursday, March 12, 2015

Evicting tenants who do not pay rent

Evicting tenants who do not pay rent

Kenneth Vercammen Esq. 732-572-0500, 2053 Woodbridge Ave. Edison, NJ 08817

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.


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.


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

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