The eviction of tenants is a strict legal process, and you’ll need to prepare if you want your property returned to you as quickly as possible. The process to evict a tenant will require collecting documents. These documents prove your relationship to the tenant and property and show that you are in compliance with renting laws in New Jersey.
Here are three steps you should always take before you attempt to evict a tenant. If you have questions about any of these pre-eviction requirements, or if you are unable to complete any of these steps, please call our lawyers for a consultation.
Document the Landlord-Tenant Relationship
You will want to document the landlord-tenant relationship before you pursue an eviction. If you have possession of a signed lease from your tenant, you can disregard this step. The lease is proof of the rental and the conditions of the rental agreement. If you do not have a lease agreement, you will want to prepare a lease agreement right away.
While oral leases and month-to-month agreements are more difficult to handle, you should not give up hope if you don’t have a written lease, or the tenant refuses to sign one. Our lawyers regularly assist landlords with these problems, and are effective at managing no-lease situations.
Verify that You Can Account for the Security Deposit
A tenant does not give up their right to their security deposit when they are evicted. Immediately place the deposit in a security deposit trust in the tenant’s name. Part of evicting a tenant involves proof that the security deposit is held and ready for transfer.
Holding the deposit is necessary until the eviction even if you know the cost of damage to your rental property. If there are disputes about the amount of the security deposit, or whether it was paid, you should resolve them before you pursue the eviction. Our lawyers can help.
Register the Property as a Rental
In some local municipalities in New Jersey, your property must be registered as a rental before pursuing an eviction. This is a simple way to protect yourself from some unpleasant situation with your tenants.
There are some qualifications you’ll need to meet to register a property as a rental. It usually requires an inspection and/or a certificate of occupancy. Your local area may have more rules, but it’s still going to be more convenient for you to register. You do not want to risk the headaches of evicting while also handling legal complications for running an unregistered rental.
Get Help Preparing to Evict
With these three items the eviction process should be smooth. If you don’t have these items it is not necessarily the end of the world. Our lawyers can assist you with the messiest rental situations, and make sure that the eviction moves forward so you can have your property back. Contact us today for a free eviction consultation.