What Should I Do When a Tenant Misses a Payment?
“What should I do when a tenant misses a payment?” When it comes to landlord-tenant law in New Jersey, tenants missing payments is one of the most common problems a landlord will face. It is important to be smart in this situation and abide by the advice you receive from your attorney. For a free consultation with out experienced New Jersey landlord tenant law attorneys, contact our office today.
Accepting Partial Rent
In cases where a tenant pays only a portion of the rent that is due, the landlord should definitely accept that rent. The landlord should then immediately seek proper counsel and file an eviction complaint against the tenant. When the landlord has included a clause in his lease which designates all enforcement payments as additional rent, that landlord will be able to recover – in addition to the rent that is owed –any late charges and fees, such as attorney fees and court costs the landlord was required to incur in the process of bringing the tenant to court and successfully recovering outstanding rents.
Refusal to Pay
The most common tenancy action that takes place in Landlord-Tenant Court involves non-payment of rent. If the landlord has included an additional rent clause as part of his lease, that landlord can file suit to evict the tenant in Landlord-Tenant Court. He may also seek to recover all of his related legal costs, as well as any late charges.
In attempting to defend his position, the tenant must provide an adequate reason as to why the rent was not paid. Adequate reasons include such things like a lack of access to the premises, or damage or defects in the property in a manner that would cause a reasonable person to withhold the payment of rent. Unless a tenant can show such a reason, the tenant is going to be evicted.
In such cases, a judgment for eviction will be entered in favor of the landlord, and the landlord may proceed to have the tenant locked out of the premises. All landlord-tenant matters are heard in the County Superior Court, in the Special Civil Part Section of the respective county court.
Contact Our New Jersey Landlord Attorneys
If you are a landlord and are experiencing difficulties with your property or tenants, call our office to schedule a free consultation with our landlord attorneys in Jersey City. Attorney Brian Freeman has over 30 years help landlords protect their rights.