Evictions / Judgement of Possession

The procedural requirements for evictions are spelled out in N.J.S.A 2A:18-61.2. Note however, that the title to the statute is the “Anti-Eviction Statute.” That should give you a warning about how Judges will treat the eviction complaint. Now, more than ever, is when you need an experienced attorney to ensure that you have followed each preliminary requirement before you walk into that court room seeking a Judgement.

Prior to filing a complaint, there are requisite notices you must send your tenant. Make sure they are in writing and documented and delivered with proof of service. Make sure you are evicting based on the right section of the statute, and that you have followed the requirements related to each.

A day in court is a long one. Don’t expect to be done in one day either. And don’t be surprised if the tenant doesn’t show up. You aren’t automatically going to get a default judgment. Tenants get a second call. And keep in mind, getting a judgement of possession still means you must apply for a warrant for removal.

The Law Offices of Sadaf Trimarchi is available to assist you with these cases and streamline the process to make it as painless as possible. While an eviction will typically several months to finalize, if done the right way, this is considerably faster than if you try to do this on your own and have your complaint dismissed for failure to follow the prerequisite rules
under the statute.

Contact