A holdover tenant is one that remains in possession of the premises after the expiration of the rental term. You will file your case at the Landlord/Tenant Section of the New Jersey Superior Court, Special Civil Part. This is the court with jurisdiction to hear your case. During the holdover term, the tenant is still responsible to you for payment of the rent that was due under the lease.
Draft a written demand to the holdover tenants that they leave the premises. This is referred to as a notice to quit. The notice should give the holdover tenant a length of time to leave the premises that is at least equal to the lease term. If it is a yearly term, the tenant should be given three months to quit the premises.
Serve the notice to the tenant. Ask the process server to prepare an affidavit of service. You will need the affidavit of service as proof that the notice to quit was received by the tenant. The court will not be able to issue a judgment of eviction otherwise.
Draft a complaint. If the tenant does not leave the premises as specified in the notice to quit, you are now ready to start the eviction proceeding. The complaint is the formal statement of the case that explains that the tenant is a holdover and that he was served a notice to quit and he remains on the premises unlawfully.
File the complaint with the clerk of the court and pay the filing fee. The fee for filing a complaint in the Landlord/Tenant Section is $25 for one tenant and $2 for each additional tenant.
- This article does not constitute legal advice. Consult with an attorney who practices in New Jersey for a thorough understanding of your rights and responsibilities in an eviction proceeding.
- Rental Housing On Line: Guidelines for New Jersey Residential Eviction
- New Jersey Courts: Landlord/Tenant Section Frequently Asked Questions
- Lawyers.com: Holdover Tenancy
- New Jersey: Department of Community Affairs: New Jersey Evicition Law
- U.S. Legal: Landlord Tenant Holdover Tenancy Law & Legal Definition
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