Q: Tenant paid last month july. Its august. I have not received rent. How soon can I file for tenant eviction.
tenant has not sent in lease by aug 1.
A:
Eviction: NON-PAYMENT OF RENT
If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons plus an Eviction Complaint must be filed in the Superior Court's Special Civil Part, Tenancy Division. The court-filing fee is was increased to $50 plus mileage. 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 $1,500, 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.
FAILURE OF TENANT TO APPEAR
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 tenant's 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.
REGISTRATION OF PROPERTY
Most residential units most be registered with the town. It is a good idea to bring proof of registration when you go to court.
Eviction Bill/ Services
1. Prepare Complaint Landlord/Tenant. Add amount unpaid, late fees and costs
2. Fill out the form Tenancy Summons.
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