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Articles Tagged with Settlement

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A New Jersey residential eviction action can only begin because the Landlord has “good cause” under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1. Often, when a landlord pursues a tenant’s eviction there are many problems with the tenancy. For example, the tenant may fail to pay late fees and also pay habitually late. A tenant may disturb the peace and quiet of the other tenants and also refuse to sign a written lease. When the case finally comes to court, it is natural to try to resolve all outstanding issues. A recent appellate division opinion cautions: Be careful what you settle for, it may not be enforceable.
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All New Jersey landlord-tenant cases have a mediation requirement. This means that the Landlord and the Tenant must, at least, try to resolve their dispute before the case goes before a judge. Mediation is a great opportunity to reach an agreement that works for both Parties and avoids the harshness of a judge calling a winner and a loser. In general, there are three types of landlord-tenant settlements.
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Most of the residential eviction cases in New Jersey sound in nonpayment of rent. Often, by the time court date is scheduled the relationship between the landlord and the tenant soured. When both parties appear in landlord-tenant court, the temptation is to believe that either a) the greedy heartless landlord only wants to evict the tenant or b) the deadbeat tenant is looking for a free ride. Despite these temptations, there are three avenues of compromise that can meet both parties’ needs. Keeping these comprises in mind can help the tenant remain in the apartment and the landlord collect rent, while removing the uncertainty of a landlord-tenant trial.
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