A seemingly minor legal defect can cost Landlords months of lost rent.

Whether a landlord wants to raise a tenant's rent or evict them for almost any grounds, the proper Notice and service of the Notice must be effected. Sounds like an easy concept to get right but landlord and tenant law is strictly construed in New Jersey.  Landlords' commonly make mistakes as to when a notice is needed, the statutory requirements they must meet, and even service can lead to an entire case being thrown out by the Court. 

An example is my favorite grounds for eviction, habitual late payment of rent which requires multiple notices but if done correctly can render the result sought by a landlord because either the tenant begins to pay on time or is evicted. Similar grounds for eviction exist to enforce a landlord’s rights but either a landlord is not aware of them or waives them by continuously not enforcing them. Some landlords don't realize that even raising their tenant's rent requires a specific Notice to be enforceable.

What does this mean for the landlord? If there is even a seemingly minor defect in the initial Notice, a new one must be generated, and the statutory time must expire again (sometimes as much as 60 days) before a new complaint can be filed. Then the landlord must wait for the case to be listed again and litigated to its conclusion, this process alone could take another 30-60 days. Net result? A seemingly minor defect in a Notice can cost a landlord unpaid rent for several months. The lesson here is to just do it right the first time.

If you aren't sure whether you need to send a Notice to a tenant, or if you need to make sure it gets done right, call me for a free consultation.