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LANDLORD/TENANT

Landlord/Tenant matters involve disputes between landlords and tenants over possession of rental premises. Only landlords may initiate complaints for possession in this section of the Special Civil part.

Some of the reasons that a landlord may file a complaint for possession are:

Failure to pay rent. 
Continued disorderly conduct. 
Willful destruction or damage to property. 
Habitual lateness in paying rent.
Violation of rules and regulations as outlined in a lease or other document. 
Tenant's conviction for a drug offense.

If a landlord is filing a complaint for reasons other than non-payment, he or she may be required to give written notice(s) to the tenant.

A landlord or a tenant that is a corporation must be represented by a New Jersey attorney in all matters filed in the Landlord/Tenant Section. No landlord or tenant may send a representative other than a lawyer to court.

A landlord cannot file a complaint in the Landlord/Tenant Section to collect unpaid rent. Claims to collect back rent must be filed in the regular Special Civil Part or Small Claims Section. 

Where To File A Complaint: Landlord tenant complaints must be filed in the county where the rental premises are located. The court will serve the tenants with a copy of the complaint and all parties will be notified of the trial date.

If the court grants the landlord possession of the premises, he/she must apply for a warrant of removal and select a court officer to conduct the lock-out. The court officer will place a notice on the door of the premises prior to the scheduled lock-out. After the notice is placed on the door, the tenant can go to court and file a request to stop the eviction or for additional time.

Location of Court Forms: Forms may be picked up in person at the Civil Customer Service Office, Room 201, Hall of Records, 465 Dr. Martin Luther King Jr. Blvd., Newark, NJ 07102.

Additional information about the Landlord/Tenant court process is also available on the Judiciary website at http://www.judiciary.state.nj.us/prose/index.htm.

For more information about the Landlord/Tenant process, you may also contact the Civil Customer Service Office at 973-693-5529. To obtain the status of an active Landlord/Tenant case, you may contact the Landlord/Tenant Office at 973-693-5549.

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