Can I be evicted if I paid my rent late?

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My rent is due on the 1st of the month. On the 13th of this month (12 days late) my landlord has filed to evict me. I only just moved into this apartment last month. Last months rent was paid in order to move in. I am 12 days late for the first time. Can I be evicted for this?

Attorney Answers

2
Lawrence Kroll ·
In New Jersey, a Landlord can seek to evict a Tenant if they do not pay the rent, or if they regularly pay the rent late. If the Landlord does not accept your rent payment now, but when you get to Court you pay everything you owe either to the Landlord or into Court, the Court most likely allow you to stay, regardless of the fact you might have paid late. In my experience, most landlords wait until a full month has gone by before they file for an eviction, because it is easier that way. Most Landlords don't consider the rent "unpaid" until the next month's rent is due. You still have the ability to try and pay this month's rent before the first of November and see if the Landlord will dismiss the lawsuit. In order to seek an eviction based on late payment of rent, the Landlord has to provide you with a "Notice to Cease" first, stating that late payment will not be accepted. If you pay late again, they must provide you with a "Notice to Quit" directing you to move out. Only then can they file for an eviction based on habitual late payment. NOTE: This answer is made is for advisory and/or educational purposes only. By using or participating in this site, or posting a question and obtaining an answer, you understand that no attorney-client relationship is being established between you and the answering attorney, and there is no attorney-client privilege between you and the attorney. You should consult with a licensed professional attorney in your state. The law changes frequently and varies from state to state. The information provided in this answer is designed to be general in nature and is based on the facts stated in your question, and might change based on further information.
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Daniel Silverman 1843367.Html ·
If you have and can post the money (including any possible late fess as set forth in your rental agreement) you should be fine. If you want to stay in the apartment, the best thing you can do is to pay your rent. If you are not paying by check, be sure to get a receipt. If on the otherhand you want to move out, do not give over any money. While they will be able to sue you in Special Civil Part, that will take months and you will probably need the money for moving expenses. Good luck. DISCLAIMER: I am NOT your attorney. An attorney-client relationship has NOT been created. The above is NOT legal advice and has been provided for information purposes only.
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