There are times when a landlord cannot pursue an eviction through customary New Jersey eviction procedures. This often happens when someone is in the NJ property that doesn’t belong in the property or is not an individual named in the lease agreement. These include squatters, trespassers, or overnight guests who refuse to leave the premises. Such individuals are not recognized as tenants under New Jersey law. Since there is no lease agreement, any attempt by a New Jersey landlord to seek an eviction in the customary manner will likely be unsuccessful. This is because a different type of action must be filed. This type of action is known as an ejectment action.
The Landlord-Tenant lawyers at The Cintron Firm have been successful in ejecting numerous NJ tenants who have not belonged in a landlord’s New Jersey property. Such ejectment actions are technical in nature and are almost always resolved by a formal hearing. As a result, if you need to eject an individual from the property who is not a tenant, you should obtain legal assistance. Simply, the process is not only very technical, but it is also difficult. Among other things, the New Jersey landlord must show that the landlord will suffer significant and irreparable harm if the relief is not granted.
If you own a property in New Jersey and you have an “unwanted guest” in the property, you may be entitled to seek relief through an ejectment action filed in the Superior Court of New Jersey. To evaluate your case, please feel free to contact the landlord tenant lawyers of the Cintron Firm, with offices located in Ridgefield Park, New Brunswick, Montclair, and Hackensack to discuss your case.