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What Types of Claims Are Filed?

Question and Answer

What Types of Claims Are Filed?

Common reasons why a landlord might file a complaint in the Landlord/Tenant Section of the Special Civil Part Court are:

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

Before filing a landlord/tenant complaint for a reason other than non-payment of rent, the landlord must give the tenant written notice to stop particular conduct. Only when a tenant continues that conduct after receiving the notice to stop, can a landlord try to have the tenant evicted. Federal law requires a landlord who owns public housing residences to send a copy of the complaint and any eviction notice to the Public Housing Authority (“PHA”) on or before the complaint is filed with the Court.

According to the Federal CARES Act of 2020, landlords who have Section 8 tenants or who have a federally backed mortgage and are allowed to postpone mortgage payments during the Covid-19 health crisis are not allowed to file in landlord/tenant court until July 26, 2020 and they must provide 30 days’ notice to their tenants once they are allowed to file in court. Landlords should consider consulting an attorney for more information on the impact of federal and state laws passed during the Covid-19 health crisis.

Landlords or tenants that are corporations, limited liability corporations or limited partnerships must be represented by a New Jersey attorney in all matters filed in the Landlord/Tenant Section. No landlord or tenant that is one of these kinds of business entities can send a representative other than a New Jersey licensed lawyer or other court permitted lawyer to court. Partners in a general partnership can represent themselves in the Landlord/Tenant section of the Special Civil Part Court.