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Articles Tagged with Damage

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The Anti-Eviction Act, N.J.S.A. 2A:18-61.1(c) allows a New Jersey landlord to evict a tenant for “destruction, damage or injury to the [rental] premises” (Section 61.1(c)). Section 61.1(c) requires that a landlord prove two elements. The first can be described as the “mental state” of the tenant. The second is resultant harm from that mental state. The full text of Section 61.1(c) shows this. An eviction under Section 61.1(c) is permissible when: “The [tenant] has willfully or by reason of gross negligence caused or allowed destruction, damage or injury to the premises.” The threshold inquiry is how the damage occurred, whether it occurred willfully or by gross negligence. Proving this element at trial is a difficult task.
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The NJ Anti-Eviction Act provides the least amount of protection for a tenant causing damage to the landlord’s property. For most grounds for eviction (habitual late payment, violation of lease rules, increase in rent, etc.) the Anti-Eviction Act requires either a Notice to Cease and/or a one month Notice to Quit prior to filing the Complaint. In a damage case, the tenant is entitled to only three days of notice before the landlord files the Complaint. The short time frame is counterbalanced by the landlord’s burden. In an eviction for damage case, the landlord must prove both the cause and effect. Without both, the landlord’s case will fail.
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