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Landlord/Tenant Section

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.

Types of Claims

Failure to pay rent
Continued disorderly conduct
Willful destruction or damage to property
Habitual lateness in paying rent
Violations of rules and regulations as outlined in a lease or other document

Please note: 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.

If a landlord is looking to collect unpaid rent, they must file a complaint in the regular Small Claims section or Special Civil.

Where to File

Landlord/Tenant complaints must be filed in the county where the rental premises are located.

Once a complaint is filed

Once the complaint is filed with the appropriate fees, 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 to file a request to stop the eviction or for additional time.

Location of Forms for Filing
Civil Case Intake Office
118 Washington Street, Room 121
Toms River, New Jersey 08754
732-929-2016
**Forms are also available on our website under the forms tab.**

Documents to be filed that require a fee should be delivered to the fee processing office at 120 Hooper Avenue, 2nd Floor, Room 214.

Other References
For legal advice about your rights, you should contact a lawyer. If you do not have a lawyer contact the Lawyers' Referral Service of the County Bar Association. If you cannot afford an attorney, you may contact the Legal Services Program to see if you are eligible to receive free legal services.

Lawyers' Referral Service
Ocean County Bar Association Referral Service - 732-240-3666
Ocean-Monmouth Legal Services - 732-341-2727

                                                   


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