landlord restrictions

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landlord restrictions

If you, the landlord, are aware that one of your tenants has violent tenancies can you remove him/her from the premises? Violent in the manner that they may endanger themselves or others, or violent that they may cause a disturbance in the area

Asked on August 30, 2016 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot remove someone for "tendencies." You can remove a tenant based on actions. If the tenant disturbs the peace (disorderly conduct), you can send him a notice to cease requiring him to stop doing so; if he continues doing it, you can then terminate his tenancy with a Notice to Quit based on his continued disorderly conduct after a notice to cease. If he assaults or threatens the landlord or the landlord's staff you you can terminate his tenancy immediately. Tenants may also be evicted, after the proper notices, for using drugs on premises, threatening or assaulting other tenants, stealing from other tenants, damaging the landlord's property, etc. But it is behavior/action, not mere "tendencies," that allow you to evict. 
Please note that NJ landlord-tenant law is very protective of tenants and very process-oriented; if you fail to provide the right notices or follow the correct procedures, then your eviction action (you can only evict through the courts, by filing an eviction action in landlord-tenant court, which is part of Special Civil Part) will be dismissed. You are strongly advised to retain a landlord-tenant attorney to help you.


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