ACTION FOR EVICTION

This is a discussion on ACTION FOR EVICTION within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; UNDER NEW JERSEY LAW, CAN A DISABLED TENANT BE EVICTED BY A LANDLORD FOR BEING TWELVE (12) DAYS LATE ON ...

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Old Feb 1st, 2009, 01:56 AM   #1
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Default ACTION FOR EVICTION

UNDER NEW JERSEY LAW, CAN A DISABLED TENANT BE EVICTED BY A LANDLORD FOR BEING TWELVE (12) DAYS LATE ON RENTAL OF ''PAD SITE" IN 55 & OVER MOBILE HOME COMMUNITY.
IN OBITER, UPON PERUSAL OF HIS LEASE {NEIGHBOR} NOTHING SET FORTH THEREIN SUGGESTS AND/OR LYNCHPINS DIRECTLY AND/OR INDIRECTLY
AN EVICTION PENALTY... PREDICATED UPON A TENANT'S FAILURE TO MAKE HIS MONTHLY ''PAD RENT" TIMELY. [IN THE INSTANT CASE, 12 DAYS FROM THE DUE DATE WHEN HE WAS SERVED WITH A SPECIAL CIVIL EVICTION ACTION BY LANDLORD.]
MOREOVER, HE, [THE NEIGHBOR,] OWNS THE MOBILE HOME, THUS, REMOVAL THEREOF IS PHYSICALLY IMPOSSIBLE WITHIN THE TIME AMBITS UNDER EXISTING LAW. ADDITIONALLY, HE IS WILLING TO PAY THE ARREARAGES AND PENALTY, BUT, NOT THE "LAWYERS FEES OF LANDLORD". HOWEVER, THEY DON'T WANT TO HEAR IT.
LAST, WHAT WOULD THE TENOR OF THE COURT LIKELY BE IN THE INSTANT CASE SHOULD SAME GO TO TRIAL?
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Old Feb 1st, 2009, 11:58 AM   #2
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Default Re: ACTION FOR EVICTION

It is unlikely a judge will approve it if he refuses to leave. But have good solid reasoning all prepared and make sure it does not look like a common occurrence.
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Old Feb 1st, 2009, 04:49 PM   #3
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NJ is a "just cause only" state where tenants can be terminated or evicted for just cause only. Non-payment of rent is just cause. A tenant can pay and stay at any time up to the date of the trial and stay in the rental. The tenant must pay all rent and costs to stay. If there were court costs to file the eviction, the tenant must pay for those as well. Not sure about attorney costs - those are a gray area since an attorney is ot required to file for an eviction. Check case law to see if attorney costs are included.

But a tenant can only be evicted for "habitual failure to pay rent on time". Not just once late for 12 days. So if the tenant (or you) pays the rent and costs before trial, the LL must accept it and allow the trailer to stay. If the tenant fails to pay, the tenant and trailer can be evicted. A judge would probably grant a longer time to have the trailer removed since it is not as simple as packing belongings in boxes.
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