If you are a New Jersey tenant that is leasing an apartment or a house or if you are a landlord who is renting an apartment or a house to a tenant, there are many reasons why you need a lawyer like the Law Office of Marc B. Schram, P.C. to represent and protect your interests in the event of an eviction proceeding.
An eviction proceeding in NJ is unlike any other litigation because the only remedy being sought by the landlord in every eviction is possession of the leased premises. Some of the more common issues presented in eviction proceedings in the State of New Jersey are as follows:
Tenant’s Non-Payment of Rent
Tenant’s Violation of the Terms and Conditions of the Lease
Tenant’s Violation of the Warranty of Quiet Enjoyment
Landlord’s Breach of the Warranty of Habitability
Landlord’s Improper Notice to Cease
Landlord’s Improper Notice to Quit
Landlord’s Improper Increase of Rent
Landlord’s Improper Notice Regarding the Tenant’s Security Deposit
Landlord’s Discrimination Against the Tenant
Whether it is representing a landlord seeking to evict a tenant or whether it is effectively defending a tenant that is fighting an eviction, my job is to win your case. I have a wealth of successful experience trying Marini cases (for both Landlords and Tenants) before judges of the New Jersey Superior Court. A Marini case is when the Tenant has refused to pay the rent due to the Landlord’s alleged breach of the Warranty of Habitability.
The Tenant must post the full amount of the rent arrears with the Court to be held by it in escrow (not including late fees, attorney’s fees or court costs) in order to have the Marini hearing conducted. The Tenant has the burden of proof by the preponderance of the evidence to demonstrate that the Landlord has breached the Warranty of Habitability. In the event the Tenant carries his/her burden of proof, the Judge will reduce/discount the rent according to the Court’s decision.
The amount posted by the Tenant with the Court will then be distributed between the Landlord and the Tenant in the manner directed by the Court and the eviction proceeding will be dismissed with the Tenant remaining in possession. If the Tenant does not successfully carry his/her burden of proof, the Judge will grant the Landlord a Judgment of Possession and the rent posted with the Court will be returned to the Tenant.
The recent complexities caused by the public emergency due to the COVID-19 pandemic means that both the Landlord and the Tenant must have an experienced and effective attorney if they are going to be successful in the eviction proceeding.
We represent landlords and tenants in landlord/tenant disputes, including trials for eviction and for nonpayment of rent. If you are a landlord and need assistance with the legal eviction of a tenant for nonpayment or a lease violation, contact our office for assistance. If you are a tenant dealing with a landlord who has breached your lease agreement or attempted to unlawfully evict you from your apartment or lease space, contact our NJ Landlord Tenant Lawyers office for help.