Laurelton, NJ asked in Landlord - Tenant for New Jersey

Q: After residential holdover EVICTION, can i put in for rent again?

we lost lot of money including lost rent, property damaged left my tenant, massive cleanup, we needed to fix up the house and rent again.

Do I need to wait six month or can we just rent now? We are unable to move in to the premises at this time due to financial difficulties.

What would be the best cause to show for us to be able to re-rent our property?

Please advise.

Thank you!

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1 Lawyer Answer
Matthew Schutz
Matthew Schutz
Answered
  • Landlord Tenant Lawyer
  • Flemington, NJ
  • Licensed in New Jersey

A: I have read your question and I have some of my own. First let me respond to your question. A summary action in in the landlord-tenant part only determines possession of the premises. You can't get a money judgment in that part, nor can you use the decision beyond obtaining possession of the premises.

If you want to get a money judgment against your tenant you would need to start a separate action in the Special Civil Part were Law Division of Superior Court. I would suggest that you bring the action in these parts of Superior Court prior to eviction, because you don't know where the tenant will be after you evict him or her.

Depending on the grounds of eviction, most likely you can repair and relet as soon as you are ready to do so. The only exception to this would be if you evicted the tenant based on a claim that you intend to use the premises personally. Since I don't know the basis of your eviction action, I can't say more than this.

Judging from your question, it seems you've had a very destructive tenant. It is a basis to evict if the tenant has been intentionally destructive of the premises or wantonly negligent in allowing whatever damage occurred to happen. I hope this answers your questions. Be well.

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