NJ late rent/eviction question

[miffedinjersey]

Back in October, my daughter was 2 weeks late paying her rent and came home to find an eviction notice on her door and the locks changed. She mailed the check earlier that week, but the rental office misplaced the check. The check was found and she was provided the new key. She admits she was late two months in a row but did not receive a notice of any kind from the landlord. Each time she paid the late fees of $50. Now the landlord is bringing her to court for attorney and court fees associated with the eviction in the amount of $600. Can they do this and how much time must pass before a landlord can serve an eviction notice and change the locks on a tenant? (The landlord renewed her lease shortly after this event.)

In NJ, the "eviction notice" on her door should have been a 30 day Pay or Quit notice. It was not a true eviction notice, just the precursor to one that comes from the LL. She had 30 days to pay that rent before they could actually file an eviction suit with the court. As such, there would be no court fees because the rent was never that late. And since the eviction case was never filed, she should not be liable for any attorney fees. An actual eviction notice is posted or mailed to the tenant by the court, it doesn't come from the LL.

Let your daughter know that they did not have the right to change the locks on her unit until she was actually evicted AFTER the court hearing. It was illegal. If they continue to pursue her for these charges, she should tell them she will countersue for their illegal actions. Changing the locks on a tenant is a huge mistake on the LL's part. If they continue to [push, she should seek legal council to stop this.

[miffedinjersey]

Thank you so much. I wish we knew this back in October. My daughter and grandson were locked out for 4 days prior to the office finding the check.

[sunlover]

Which was illegal. She should look for compensation.

Absolutely Sunlover, I agree. At the least she should recieve a rent credit for the days she was locked out. I doubt I would settle for that little though, knowing that what they did was illegal.