Landlord-Tenant Lawsuit
When dealing with landlord-tenant litigation, there are certain things that cause disputes between landlords and tenants. The most common cause is rent, where a landlord has been harmed by a tenant’s failure to pay rent or habitual late payments. Other reasons may include a tenant’s constant disturbance of neighbors or damage to the rental property or equipment, which the landlord claims as damages.
Because landlord-tenant conflicts often result in heated arguments, are often protracted, and are highly stressful and financially damaging to both parties, especially the landlord, during the duration of the conflict, landlords are often tempted to resolve things with a quick decision from the courts. And in many cases, that’s a wise solution.
Landlord-tenant lawsuits are handled in the courts in the area where the property is located. Compared to other civil and criminal cases, landlord-tenant lawsuits are straightforward, but they are governed by different trial rules than civil and criminal cases. For example, in a civil or criminal case, the defendant must file a document called an Answer to the complaint to tell the court their side of the story. In a landlord-tenant case, the defendant doesn’t have to file any documents, but can simply appear in court and prove through witnesses or documents that the landlord’s allegations are untrue.
For example, a landlord accuses a tenant of not paying rent, and the tenant claims the landlord didn’t pay rent because he didn’t make repairs to the house that he was supposed to. The landlord’s lawyer will have evidence, such as the lease, that the landlord sent the tenant a letter warning them about the unpaid rent, as required by New Jersey law. On the other hand, the tenant’s lawyer will have evidence that the tenant sent the landlord a letter requesting repairs to the house and photos showing the condition of the tenant’s house. Both sides will also need to go to court together if they have witnesses who can testify to the situation. Sometimes we get customers who ask if their witnesses are reluctant to go to court. However, in a landlord-tenant case, a witness’s affidavit does not have legal standing, so the witness must appear in person to testify.
If the court rules in favor of the landlord, the landlord can evict the tenant. However, this is not automatic, and you must apply for a warrant, called a warrant for possession, based on the court’s decision. It is important to note that if you do not apply for a warrant within 30 days of the court’s decision, the court’s decision will be invalid. A warrant does not mean that you can immediately evict the tenant. Usually, the warrant will give the tenant at least three days to pack up and move out. If the tenant doesn’t leave after three days, the landlord can use the court police to evict the tenant.
One of the most common questions we get from landlords during this process is what to do if they evict a tenant and the tenant’s things are still in the house. Some people say that since they’ve given the tenant time and space, and they’ve left their stuff in the house, the landlord can keep it. But legally, the homeowner can’t keep those things. You must cooperate with the tenant to help them get rid of their things, including making a formal request to have them removed.
As a tenant, even if the court rules in your favor, you should take advantage of the laws that protect your situation. For example, if you can convince the court that you can’t move out within three days, you can stay in your home for up to six months. In this case, the court’s permission is essential and the tenant must pay the landlord the rent for the duration of their stay.
If you have any further questions about landlord-tenant litigation, or if there are any laws our readers would like to know about, please don’t hesitate to contact us at mail@songlawfirm.com. I’ll incorporate it into my next column.