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Articles Tagged with “Good Cause Eviction”

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New Jersey landlord-tenant actions (a/k/a “summary dispossession actions”) are designed to be quick, efficient methods of disposing of landlord-tenant disputes. The efficiency of a landlord-tenant case lies in the prohibition of responsive pleadings and the “No Discovery” rule. NJ Court Rule 6:4-3 provides that interrogatories and other discovery methods are applicable in all actions except “summary landlord and tenant actions for recovery of the premises.” The “No Discovery” rule poses a problem for landlords alleging wrongful conduct (for example, damage to the apartment or violation of lease rules) by the tenant. How does a landlord prove wrongful conduct? How does a tenant defend against an allegation of wrongful conduct?
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Generally, most NJ landlord-tenant matters settle before trial. A prior post explained the range of options available to tenants and landlords before “taking your chances with a judge.” While settlement is usually the best route, sometimes a trial is unavoidable. Whether the trial is for nonpayment or other “good cause” under the Anti-Eviction Act, N.J.S.A 2A:18-61.1., the landlord has the burden of proving his case. New Jersey Court Rule 4:37-2(b) requires that a landlord show that the facts and the law entitle him to relief (in a landlord-tenant setting, the relief is a judgment for possession). Practically, this means that the defendant-tenant, before telling the court his side of the story, can ask the court to dismiss the landlord’s case. The type of eviction case determines what the landlord must show to avoid dismissal.
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