Some NJ Courts Are Dismissing Evictions Against Tenants Because of Defective Landlord Tenant Registrations

HNWReal Estate, Landlord/Tenant, and Zoning

If you have a property where you have registered with the Department of Community Affairs, you can stop reading and ignore this. All other landlords must file Landlord Registration Statements with their municipal clerk. One of the “reforms” coming out of the pandemic involves the landlord-tenant courts’ focus on your Landlord Registration Statement. This is ridiculous – I have handled tens of thousands of eviction cases and there has never been one where any of the information contained in this document is the least bit important – or of any help – to any tenant who is at risk for eviction. Nevertheless, the courts are focused on making sure you have one and now it’s getting ridiculous – for example in Ocean County, if it is not uploaded in the evidence portal, the judge is going to start dismissing cases. This all creates a concern on my part that someone may actually be looking at these documents to ascertain whether or not they comply with the state statute which requires them. The attached form contains all of the information required by the statute. Please take the opportunity to review your Landlord Registration Statement now. Make sure it contains all of the information required and that all the information is up-to-date.  Do not be misled by the fact that the municipality where your property is located uses a form that does not ask for all of the information required by the state statute. You must supply all required information whether or not the town asks for it. This is a jurisdictional requirement for Landlord-Tenant court. Confirm changes that you make or that none are needed with my office. It is my intention to confirm the correct form is filed and get a “filed” copy – another requirement being imposed by some judges.This seems trivial but after all this time now that the courts can give you your collection leverage back again you want to avoid any clerical missteps that will cost you wasted legal fees, delay and maybe increased lost rent.

If you are looking for additional details on this topic or if you require advice about your situation, please contact Christopher J. Hanlon, Esq. at chanlon@hnlawfirm.com or Fredrick P. Niemann, Esq. at fniemann@hnlawfirm.com. They can also be reached toll-free at (855) 376-5291.  Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.

 

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