Bergen County Landlord-Tenant Lawyers

Bergen County eviction, lease, and security-deposit-recovery matters file in the Bergen County Special Civil Part — Landlord-Tenant Section at the Bergen County Justice Center, 10 Main Street, Hackensack. Avery & Avery, Esqs. represents both Bergen landlords enforcing leases and Bergen tenants defending against eviction. We file evictions, defend evictions, draft and litigate leases, and pursue treble-damage security-deposit-recovery actions under N.J.S.A. 46:8-21.1.

For a free first consultation on a Bergen landlord-tenant matter, call (201) 943-2445.

Where Bergen Landlord-Tenant Cases Are Heard

The Bergen County Special Civil Part — Landlord-Tenant Section at the Bergen County Justice Center hears all Bergen residential and small-commercial eviction matters. Filing-to-first-hearing typically runs 2-4 weeks; trial-and-warrant-of-removal can complete in 6-10 weeks where unopposed. Procedure governed by R. 6:3-4 and R. 6:5-2.

For amounts over the $20,000 Special Civil Part jurisdictional cap, or for matters with significant non-eviction claims, the matter routes to Bergen Superior Court — Law Division, also at the Justice Center.

Bergen Anti-Eviction Act Practice

Most Bergen residential tenancies are covered by the Anti-Eviction Act, N.J.S.A. 2A:18-61.1. Under the Act, a Bergen landlord may evict only for one of the enumerated good causes:

• Non-payment of rent (subsection a) — the dominant Bergen filing
• Disorderly conduct (subsection b)
• Damage — willful or grossly negligent (subsection c)
• Substantial breach of reasonable rules (subsection d)
• Continued breach of lease covenants after notice (subsection e)
• Failure to pay rent increase (subsection f) — with proper notice and reasonableness analysis
• Owner of three-or-fewer-unit building seeking to occupy (limited subsection)
• Drug-related or assault-conviction grounds (subsections n, o)

Owner-occupied buildings of three or fewer units and certain narrow categories are exempt from Anti-Eviction Act coverage; in those cases the landlord may use month-to-month termination at common law.

Read our blog post on the Anti-Eviction Act →

Bergen Eviction — Landlord Side

Standard sequence for a Bergen landlord:

1. Default notice — for non-payment, the rent-demand notice; for cause-based, the appropriate statutory notice
2. Verified Complaint for Possession filed at Bergen Special Civil Part
3. Service by Bergen court officer
4. Hearing — typically 14-21 days from filing in Bergen practice
5. Judgment for Possession upon plaintiff’s prima facie case
6. Warrant of Removal — issued no earlier than 3 business days after judgment

Bergen Eviction Defense — Tenant Side

Common Bergen defense angles:

• Habitability under Marini v. Ireland / Berzito v. Gambino
• Improper or defective notice — rent-demand specificity
• Anti-Eviction Act good-cause analysis — does the landlord’s ground actually fit a subsection?
• Retaliatory eviction under N.J.S.A. 2A:42-10.10
• Discrimination under the NJ Law Against Discrimination
• Late or defective service

Bergen Security Deposit Recovery — N.J.S.A. 46:8-19 et seq.

NJ’s Security Deposit Act creates treble-damage exposure for Bergen landlords who fail to comply:

• N.J.S.A. 46:8-19 — landlord must hold the deposit in a separate interest-bearing account, identify the institution within 30 days
• N.J.S.A. 46:8-20 — interest paid annually
• N.J.S.A. 46:8-21.1 — landlord must return the deposit (less itemized deductions) within 30 days of tenancy end; failure triggers double damages plus attorney fees; willful or knowing withholding can trigger treble damages

For Bergen tenants whose deposit was wrongfully withheld, the treble-damage statute makes Special Civil Part recovery economically attractive even for modest deposit amounts. Read more →

Bergen Local Rent-Control Ordinances

Several Bergen municipalities have local rent-control ordinances affecting most multi-unit residential properties. Active examples include Hackensack and parts of Englewood, with several Palisades-line boroughs having historical or limited ordinances. Local code is verified at engagement; the analysis is town-by-town.

Schedule a Free Consultation

For a free first consultation, call (201) 943-2445 or submit through the form. For deeper background see our landlord-tenant practice page.