In New Jersey, it’s not easy for a landlord to make a paying tenant leave their home. Tenants have rights even if a lease (rental agreement) ends or the building is sold. That’s why New Jersey is called a “tenant-friendly” state. But that friendliness only helps people who pay their rent.
Sometimes, tenants stop paying rent because they are unhappy with their living situation. But paying rent helps protect a tenant’s rights. If a tenant doesn’t pay, the landlord can ask the court to evict them without giving them any warning. The easiest reason for a landlord to evict someone is nonpayment of rent. There are more steps and notices for landlords to evict someone for other reasons. If the landlord doesn’t send the right notice, the court will not allow the eviction.
If you don’t pay rent, you could be evicted unless you pay the full amount owed. The problem is that the total amount can be much more than just the rent. Late fees, lawyer fees, and other charges can make it harder to catch up. Even if you pay the basic rent, the landlord can still evict you if you don’t pay these extra charges. Lawyer fees alone can be between $100 and $1,500! Once the court case begins, it becomes even more expensive and harder to stop.
The truth is, if rent isn’t paid, a tenant can be removed in less than two months. A court date is set about 4 to 5 weeks after the landlord files the complaint. If the court agrees with the landlord, the tenant can be locked out just 8 days later. Many tenants are surprised at how fast this can happen. Evictions happen in court every week, and they can seriously change a person’s life.
Some tenants have a subsidy or voucher to help pay rent. These tenants have additional protections. Their landlord can’t evict them without notifying the housing assistance program first. If these tenants don’t pay their part of the rent, they can still be evicted. Even worse, they risk losing their housing assistance altogether.
People can fall behind on rent for many reasons—like losing a job, getting sick, or having a family emergency. Life happens. Rent should come right after food and medicine in importance. If your rent is too high, think about moving to a cheaper place. Try to talk to your landlord and end the lease in a way that works for both of you.
Don’t wait until the last minute. Many tenants go to court thinking they’ll get time to pay what they owe. They often end up signing agreements, or settlements, instead of having a full hearing. Tenants who are evicted after a hearing have 3 days after being locked out to pay the money and stay. Tenants who sign a settlement give up that right.
There are different types of settlements. A “consent judgment” is when a tenant agrees to pay what they owe. A “pay and stay” is when a tenant agrees to a payment plan. This can be risky. If you miss a payment, even once, you can still be evicted—even if you later get all the money. Only agree to a “pay and stay” if you’re 100% sure you can make every payment. Even one missed payment can result in a lockout.
