Eviction is a very harsh reality that can be avoided if you are prepared. Fortunately, there are a few things you can do if you find yourself in a situation where you are not paying rent and your landlord is threatening to evict you. Being evicted from your home can be a very stressful event. If you find yourself in this situation, hiring an eviction attorney is always a good idea. Hiring an attorney can help you find out your rights and responsibilities and if a lawsuit will be necessary and be your advocate.
Your attorney can also try to negotiate a deal with your landlord. You can also try to negotiate with your landlord to see if they will let you stay in your home if you pay the rent on time. If you cannot find a way to stay in your home, try to find a new place to live. You also have an option to contact your local government to see what help they can offer.
First, let’s get one thing clear. Evictions are legal. They’re allowed under the law but they’re not supposed to happen. The law requires that landlords follow a set of procedures to evict tenants. The law also requires that landlords take care of the property while you are living on the property.
What happens after the eviction notice?
We all know that an Eviction Notice is the first step in the eviction process. It is the notice that is served to the tenant, who is the occupant of the house or the apartment. The notice is served by the landlord or the landlord’s agent, as he/she is the one who is in charge of the property. Also, it is the landlord who will be taking care of the eviction process. He/she will be the one who files the eviction lawsuit and he/she will be the one who wins or loses the case. It will be his/her responsibility to follow the court orders. Eviction Notice is the notice that is served to the tenant for the purpose of terminating his/her tenancy. It is served to the tenant in order to inform him/her that if he/she doesn’t vacate the property within the time frame specified in the notice, the landlord will terminate his/her tenancy.
Each year thousands of people are evicted from their homes. Whether it’s for non-payment of rent or poor housekeeping, there are a number of reasons why people get evicted. But what can they do if they are evicted? If a resident is evicted from one of their properties, they may be able to stay in the property for a short period of time. This is called ‘grace’. Grace lasts for between two weeks and four months. If a resident is still on the property after this time, they may be able to apply for ‘statutory’ or ‘permanent’ protection. This allows the resident to live in their home for as long as they want. A resident might be able to stay in their home for as long as they want if they have a ‘disability’ or a physical illness or injury that makes it very difficult for them to move. If a resident is disabled or has a long-term physical illness or injury, they could get a court order that says they can stay in their home for as long as they want. But they will still have to pay their rent.
Reasons why a tenant can get an eviction notice
Nonpayment of Rent
Be on time with your Rent rule one on one
Violation of the lease/rental agreement
Follow the rules of tenancy laid out on the lease agreement
Conducting illegal activity
Again basic rule does not to engage in illegal activity at your premises
Committing major property damage
The saying is to use the house but does not misuse the house it’s your own.
Disorderly Conduct / Illegal Activity
Examples of illegal activities include, but are not limited to:
- Human trafficking and/or prostitution
- Theft, violence, assault
- Possession and/or firing of an illegal firearm
- Involvement in the creation, distribution, or consumption of a controlled substance
Material health or safety violation
Keep up with monoxide/fire alarm, don’t set the house on fire, just kidding you know what we are saying. The property is not yours so follow the safety guidelines.
Tenant does not accept lease changes
There are cases when the lease/rental agreement between the landlord and the tenant may change between lease/rental agreement renewals.
If the change in terms is reasonable and the tenant refuses to agree to them, then the landlord must provide the tenant with a 1-Month Notice to Quit.
Should the tenant remain in the rental property after 1 month, then the landlord may continue to file for eviction.
Resources: New Jersey Eviction Laws: The Process & Timeline In 2022 (doorloop.com)
Steps to do if you are served with an eviction Notice
An eviction notice is a formal notice from the landlord that they are terminating the tenancy and that you must vacate the premises by a certain date. This could be due to the fact that you have breached the lease agreement in some way (e.g. you have failed to make the rent payment on time), or the landlord wishes to sell the property, or the landlord is restructuring the property (e.g. turning it into a condominium). The eviction notice must be in writing and if you are served with an eviction notice you should take it seriously. While you may not be able to do anything to prevent the eviction, there are a few things you can do to help yourself and protect your rights. The eviction process can take anywhere from four to eight months and it is best to start the process in the correct manner from the beginning. If you are served with an eviction notice, here are some of the steps you should take.
Most rental agreements are worded to require that the tenant(s) maintain the rental property in a fit and habitable condition. This means that the tenant is responsible for keeping the unit in proper condition, including:
- Maintaining the roof,
- The plumbing,
- The electricity
- And the heating
Tenants are also responsible for keeping the unit in clean and sanitary condition. This is a general statement that is specific to each individual rental agreement. If the tenant fails to fulfill these basic requirements, the landlord may be able to evict the tenant. If you have been served with an eviction notice, do not panic. It is important that you take all the necessary steps to contest the notice, but the notice does not mean that you will be evicted. At this point, it is important to contact an attorney who can help you determine whether you have any legal grounds to contest the eviction notice.