Typically the most common cause for eviction is non-payment of rent or a lease violation.
Landlords submit a notice that the rent is overdue and that eviction is a possible consequence. This should be a formal notice.
Free forms are available for this purpose in our law library.
Note – Landlords should avoid trying to create their own eviction forms without legal guidance from our attorneys.
A 3 day or 30 day notice to pay or quit results in a termination of the tenancy if the tenant refuses to pay the rent that is in default. The landlord can then commence eviction proceedings by filing a civil complaint with local Superior Court.
If the tenant does not file an Answer within a 5 day period, then the landlord can obtain a judgment for possession and rent. If the tenant files an Answer timely, then a trial must be set within 21 days of the demand for a trial.
Practice Area: Landlord Law