landlord restrictions

UPDATED: Aug 30, 2016

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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