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Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 60
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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My tenants are moving out. They owe over two months back

Customer Question

My tenants are moving out. They owe over two months back rent. I believe they are getting a house. How do I get what monies are owed to me?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 6 months ago.

Hello and welcome to JustAnswer.

You will need to file a civil action for moneys owed. I will presume worst case scenario that the tenants do not move out voluntarily.

If your tenant fails to pay and you want to evict the tenant, a Tenancy Summons Dispossess Eviction Complaint must be filed in the Supreme Courts Special Civil Part. The court filing fee is $50 plus mileage, payable Treasurer, State of New Jersey. Your attorney can prepare the mandatory complaint and summons. 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.

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 tenants 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.

Most residential units most be registered with the town. It is a good idea to bring proof of registration when you go to court.

The Tenancy Judge will not require the tenant to pay attorneys fees, damages and other costs. This court can only evict tenants, or permit tenants to remain if they paid the rent in full. To protect yourself and get all money due, file a money owed complaint in the Special Civil Part. The filing fee is less than $50.

See Evicting tenants- NJ Statute as of 2002 2A:18-61.1 Grounds for removal of tenants.

Please consult a local attorney to protect your interests.

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