FOL. VII·Landlord & Tenant

Avery & Avery, Esqs. is a leading Bergen County landlord-tenant practice representing both landlords enforcing leases and tenants defending against eviction. Our practice covers eviction filings, eviction defense, lease drafting and disputes, security-deposit recovery (with treble-damage exposure under N.J.S.A. 46:8-21.1), and Anti-Eviction Act tenancies under N.J.S.A. 2A:18-61.1. NJ landlord-tenant matters are heard in the Special Civil Part — Landlord-Tenant Section at the Bergen, Hudson, or other county Justice Center.

If you are a landlord enforcing a non-payment notice or a tenant defending against eviction, the consultation is free. (201) 943-2445.

Where NJ Eviction Cases Are Heard

NJ eviction (officially: a “summary action for possession”) is filed in the Superior Court Special Civil Part — Landlord-Tenant Section of the county where the property is located. For our home county that is the Bergen County Justice Center, 10 Main Street, Hackensack. The process is summary and fast: filing to first hearing typically runs 2-4 weeks; trial-and-warrant-of-removal can complete in 6-10 weeks where unopposed.

Procedure is governed by R. 6:3-4 and R. 6:5-2.

NJ Anti-Eviction Act — N.J.S.A. 2A:18-61.1

The Anti-Eviction Act is the centerpiece of modern NJ landlord-tenant law. It governs most residential tenancies. Under the Act, a tenant in covered housing can be evicted only for one of the enumerated good causes of N.J.S.A. 2A:18-61.1:

• Non-payment of rent (subsection a)
• Disorderly conduct (subsection b)
• Willful or grossly negligent damage (subsection c)
• Substantial breach of landlord’s 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 building of three or fewer units in residence seeking occupancy (limited subsection)
• Landlord seeking to permanently board up or demolish (subsection h)
• Drug-related or assault-conviction grounds (subsection n, o)

The Anti-Eviction Act covers most multi-unit residential properties. Owner-occupied buildings of three or fewer units and certain other narrow categories are exempt; in those cases the landlord may use month-to-month termination at common law rather than relying on the statutory good-cause framework. Read our blog post on the Anti-Eviction Act →

Eviction — Landlord Side

When we represent landlords, the procedural sequence:

1. Default notice — for non-payment, the rent-demand or quit-or-pay notice; for cause-based eviction, the appropriate statutory notice
2. Filing — Verified Complaint for Possession in Special Civil Part
3. Service — by court officer
4. Hearing — typically 14-21 days from filing
5. Judgment for Possession — upon plaintiff’s prima facie case
6. Warrant of Removal — issued no earlier than 3 business days after judgment; tenant has additional time to vacate

Common landlord-side issues: drafting compliant rent-demand notices, documenting habitability claims as defense rebuttals, structuring agreed-to-vacate stipulations, documenting cause-based grounds where the tenancy is Anti-Eviction Act-covered.

Eviction Defense — Tenant Side

When we represent tenants, common defense angles:

• Habitability — under Marini v. Ireland and Berzito v. Gambino, a landlord’s failure to maintain habitable conditions reduces or excuses rent obligations
• Improper notice — the rent-demand or termination notice did not meet statutory specificity
• Anti-Eviction Act good-cause analysis — the landlord’s stated ground does not satisfy N.J.S.A. 2A:18-61.1
• Retaliatory eviction under N.J.S.A. 2A:42-10.10 — eviction in response to the tenant’s good-faith complaint to authorities is prohibited
• Discrimination — protected-class discrimination under the NJ Law Against Discrimination
• Late or defective service

A successful tenant defense can convert an eviction into a settlement that preserves the tenancy.

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

NJ’s Security Deposit Act is a tenant-protective statute with treble-damage exposure for landlord violation:

• 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 must be paid to tenant 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

Where a landlord fails to return the deposit timely, the tenant has a plain-language statutory remedy — and the treble-damage exposure makes the matter economically attractive even for modest deposits. We file security-deposit-recovery actions in Special Civil Part where amounts are under the $20,000 cap. Read our blog post on NJ security-deposit recovery →

Lease Drafting and Disputes

We draft and review residential and commercial leases for landlords and tenants. Common drafting issues: tenancy duration, security-deposit mechanics (compliant with the Act), holdover tenancy, repair-and-deduct clauses, sublet and assignment, default and cure, and entry rights.

For commercial leases we additionally draft and litigate triple-net allocation, percentage-rent, exclusive-use covenants, and surrender provisions.

Robert W. Avery’s Landlord-Tenant Track Record

Robert’s trial practice includes significant landlord-tenant work (per his published legacy bio). Fifty years of matrimonial, estate, real-property, and landlord-tenant practice means he has seen most of the recurring fact patterns that drive Bergen and Hudson landlord-tenant disputes.

Where We Practice

• Bergen County Special Civil Part — Bergen Justice Center, Hackensack. Bergen County landlord-tenant →
• Hudson County Special Civil Part — Brennan Court House, Jersey City
• Essex / Passaic / Morris / Sussex — full coverage

Schedule a Free Consultation

Call (201) 943-2445 or submit through the form. For our fee structure on landlord-tenant matters, see the fees page. Most actions run on flat fees per filing.