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AllieLynnKay · Sep 30, 2011, 05:59 AM

I am going through my first eviction process. I inherited a home the first week in September. There was a "problem" resident in the house, who had owed 6k in backrent. Why it went that long, I don't really know. She is a relation, and my mom didn't want to start problems with her.

I had asked the tenant(whose responibility is upkeep and therefore is responsible for a VERY reduced rent.) to be out Spet 1st in May, instead of doing an eviction and causing tension between family members. She agreed. On August 30th, she said she couldn't be out until October 1st. I was a little skeptical, but told her she had until Sept 15th because I was moving in. She said she couldn't be out until "No earlier than October 1st". She was evading giving me an actual move date, and so I acted immediately---going to a lawyer.

The papers were filed with the court (for non-payment of rent and non-payment of utilities.) on Sept 20th, 2011. According to the lawyer, her summons would have been handed to her directly on the following Monday. It's September 30th(the following Friday), and I haven't heard from her. I haven't received a court date in the mail yet either.

Am I doing something wrong? Shouldn't I have gotten a court date by now? How long can I expect to wait until I receive a court date, and then how long until the court date comes?

My lawyer told me it would be very quickly, because it is non-payment of rent. The court generally puts those on the docket immediately. Does anyone have a timeline for "quickly"? I've been told by multiple sources that we'd have an actual hearing within 20 days--but it's already been 10! Any prior experiences would be appreciated! I just want a fairly accurate timeframe!

Thanks!

ballengerb1 · Sep 30, 2011, 07:22 AM

My best advice is to follow your lawyers advice. I have experience as an owner and a landlord but am not an attorney. Eviction can easily take a month or more. The "paper" was likely a notice to vacate, when/if she ignors that then the actual eviction process would then need to go into effect.

AllieLynnKay · Sep 30, 2011, 07:56 AM

No, it was a summons from the court. The sherriff brings the summons to her, and it tells her that she is being evicted, and must appear before a judge.

Thank GOD... nn NJ, there is no need for an order to vacate prior to filing to eviction with the court--if it is for non-payment of rent. I just have NO idea it takes from the point where I file with the court, until they actually issue me a court date.

LisaB4657 · Sep 30, 2011, 10:29 AM

Ballenger, the website you provided is out of date. NJ no longer requires a written notice to the tenant before the landlord may file a lawsuit for eviction for non-payment of rent.

ballengerb1 · Sep 30, 2011, 03:14 PM

OK, good to know, I did not know it was out of date. When did a new law go into effect? I'll delete my link so as to not confuse anyone else. Maybe you can also delete it in your quote, TX

LisaB4657 · Sep 30, 2011, 04:09 PM

I'm not sure when it went into effect but I was very surprised when I first saw it. Now a landlord in NJ does not have to provide any notice to the tenant. As soon as the rent is due and not paid the landlord can immediately file a lawsuit.

I deleted that site from the quote. The best resource I've found yet for NJ landlord/tenant law is the Truth in Renting guide. It's put out by the NJ Dept. of Community Affairs and every landlord who leases more than 2 units is required to provide one to the tenant upon signing a lease. You can find it at http://www.state.nj.us/dca/divisions..._lti/t_i_r.pdf

ScottGem · Sep 30, 2011, 04:24 PM

Lisa, Can you answer the OP's question. Since she filed a suit shouldn't the summons have included a court date or at least a date by which the tenant needed to respond?

LisaB4657 · Sep 30, 2011, 04:30 PM

Originally Posted by ScottGem

Lisa, Can you answer the OP's question. Since she filed a suit shouldn't the summons have included a court date or at least a date by which the tenant needed to respond?

I didn't realize the question hadn't been answered.

A summons and complaint get filed with the court and the court handles service on the tenant. Once service has been performed the court informs the landlord and tenant of the court date. A tenant does not have to respond to a complaint in landlord/tenant court--they merely have to show up in court. Depending on the county, their current docket and any difficulty the sheriff has in serving the summons and complaint, it can take anywhere from 10 days to 4 or 5 weeks to get a court date.

ScottGem · Sep 30, 2011, 04:36 PM

So since the suit was filed on 9/20 and the tenant was supposed to be served on 9/26, there is still time before she gets a court date.