How to Start Eviction Procedures of Tenant in New Jersey

You will need to take your tenants to court to evict them.

If a tenant fails to pay her rent, or damages the property in any way, you have the right to evict her. You can also evict tenants who violate the terms of your lease, get convicted of a drug charge or pay rent late on a regular basis. When you begin the eviction process, you must do it the correct way. If you don't, the tenant could win in court, which means that you will be stuck with bad tenants.

Things You'll Need

• Letter to the tenant
• Certified mail service
• Landlord/Tenant complaint form
• Filing fee
• Delivery fee

Instructions

1. Draw up a letter to the tenant asking them to cease the action that you have a problem with. For example, if the tenants are continually paying their rent late, remind them when the rent is due and let them know they need to stop being late. Make sure the letter cites any pertinent sections of the lease. Sign and date the letter.

2. Mail the letter via certified mail. The post office offers this service. You will be provided with proof that the letter was delivered. This way, the tenant cannot claim in court that he never got the letter. You also want to keep a copy of the letter for your records.

3. Give the tenants a reasonable amount of time to comply with the letter. If they do not, you will need to get a landlord/tenant complaint form from the Office of the Special Civil Part Clerk in the county where you have the rental property.

4. Fill this form out requesting that the judge grant you an eviction. File the form with the clerk, who will assign you a court date at that time.

5. Pay the filing fee. This fee is $25 for the first tenant on the lease and $2 for each additional tenant. All tenants older than 18 should be listed on this form.

6. Pay the delivery fee. The delivery fee varies based on how far the sheriff's officers have to travel to deliver the motion. You have now successfully begun the eviction process.

Tips & Warnings

• Gather all of your documents as well as any evidence you may have. Bring this information with you to court to prove your case.

• Do not get any sworn statements to bring to court. They will not be admissible. Only oral testimonies will be heard.

References

• New Jersey Judiciary: Landlord/Tenant Section Frequently Asked Questions