Elizabeth, NJ asked in Landlord - Tenant for New Jersey

Q: Can a landlord accept a regular rent payment right before he issues a eviction notice and before 1st court hearing?

I live in a room in house and on Saturday 11/25/17 I received a letter to appear in court on Friday 12/8/2017 due to non payment , nobody served me and it wasnt in my mailbox. The landlord jus put it in front of my door and didn't notify to me it was there. I made my regular weekly payment via money order that Tuesday 11/28/17 and on Saturday 12/ 2/17 after he gave me the rent receipt for that payment ,i received a notice to remove the premises and even tho it was giving to me in my hand, it wasnt by the city marshall, landlord or even the super of the building. A unannounced lady gave it to me at my door. When asked who she was she claimed she was someones wife and rushed off. The document looks legally printed and legit jus like my court letter but it doesn't have a eviction date or states vacate immediately. Only my court hearing date. Advice on how to fight this case is greatly appreciated

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1 Lawyer Answer
Marcel Wurms
Marcel Wurms
Answered
  • Landlord Tenant Lawyer
  • Lodi, NJ
  • Licensed in New Jersey

A: Are you paid up on all your rent payments? If this is the first notice you received, there should be a complaint attached to the notice. If not, I would call the court to find out what's going on.

If it is valid, you need to get a copy of the complaint from the court. Then, you need to determine whether the information on the complaint is correct. If you're paid in full, contact the landlord to have the complaint dismissed. If not, or if the landlord refuses, you need to show up in court with your receipts and/or the amount of rent you owe.

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