Landlord Tenant

Alan Kraminsky, Esq. of Kraminsky Law, LLC in Clifton, New Jersey is your go-to advocate for landlord-tenant cases in the Garden State. For over a decade, Mr. Kraminsky has handled hundreds of residential evictions throughout the State of New Jersey and can help you navigate complex landlord-tenant issues with confidence and peace of mind. 

Kraminsky Law, LLC offers a wide range of legal services tailored to both landlords and tenants alike, including:

Lease Agreements: Drafting, reviewing, and negotiating lease agreements to protect your rights and interests.

Evictions: Kraminsky Law assists landlords with participating in legal eviction proceedings in Court and ensuring compliance with New Jersey’s eviction laws and procedures.

Rent Disputes: Resolving disputes over rent increases, late payments, and other financial matters through negotiation or litigation.

Property Maintenance: Kraminsky Law advises landlords and tenants on their respective rights and responsibilities regarding property maintenance and repairs.

Tenant Rights: Kraminsky Law advocates for tenants’ rights, including protections against unlawful evictions, discrimination, and substandard living conditions.

Landlord Rights: Protecting landlords’ rights to collect rent, enforce lease terms, and take legal action against non-compliant tenants.

Ground For Eviction

In order to evict a residential tenant, you must have a legal basis such as: 

• Non-Payment of Rent;
• Holdover tenant
• Disorderly tenant; 
• Willful or grossly negligent destruction of or damage to premises;
• Substantial breach of the landlord’s rules;
• Substantial violation or breach of covenant or lease agreement;
• Failure to pay rent after reasonable rent increase;
• Permanent board up or demolition; 
• Habitual failure to pay rent on time;
• Harassment of landlord and other tenants; 
• Drug violations; 
• Impeding on the quiet enjoyment of other tenants. 

Our office has handled hundreds of landlord/tenant matters though trial. We have also had great success in resolving issues between landlords and tenants through settlement agreements and mediation. 

FINALIZING AN EVICTION

After a trial or settlement, the Landlord will seek to obtain a judgment for possession. A Court will either grant or deny a landlord with a judgment for possession seeking the right to possession of the premises. 

After obtaining a judgment of possession, the landlord will then need to obtain a warrant for removal. The warrant of removal cannot be issued until at least (3) three business days after the judgment for possession is entered. A special civil part officer serves the tenants with the warrant of removal and schedules a date and time to lockout the tenant.  Our office coordinates the lockout with the client and special civil part officer to change the locks and store the tenant(s) property. 

It is important to note that landlord cannot engage in self-help and evict tenants themselves and must utilize the Courts to do same. 

NON-PAYMENT VS. NOTICE CASES

Most landlord/tenant cases in New Jersey involve non-payment of the rent. However, many other landlord/tenant matters require that a landlord first serve a tenant with a Notice to Cease and/or a Notice to Quit. Often times, self-represented litigants lose their cases in Court for failure to comply with New Jersey’s notice requirements depending on the type of eviction you need to file. 

It is important for litigants to utilize the services of experienced landlord/tenant attorneys like our firm in order to full protect your interests. 

EJECTMENTS

Unlike evictions, ejectment actions are filed by property owners who are seeking to eject individuals who have no right, title or interest in the property. These individuals are squatters or unlawful occupants and no landlord tenant relationship exists. To evict these individuals, you must file an action in the Superior Court of New Jersey and handle the ejectment through the proper legal channels. 

A property owner who seeks to remove a squatter or unlawful occupant may still have issues with the law if they attempt to engage in self-help. You must always utilize the proper legal channels without resorting to self-help. 

WRITS OF POSSESSION

After a mortgagee successfully reclaims a property after a foreclosure is completed and a sheriff’s sale is conducted, the former owner may not leave the property.  When that happens, the purchaser at the sheriff’s sale or lender will need to file for a writ of possession seeking to remove the former property owner from the property. 

EMERGENT APPLICATIONS

Usually on the eve of a lockout for a residential/commercial eviction, ejectment or writ of possession, the occupants will file an emergent application with the Superior Court of New Jersey seeking to extend the lockout until a further date as a result of a hardship and other facts. Our office regularly handles these emergent applications in each and every county have achieved great success in these matters for our clients. 

REAL ESTATE OWNED (REO)

Our office handles hundreds of evictions, ejectments and writs of possession evictions on behalf of REO property management companies, asset managers and lenders throughout the State of New Jersey. 

CONTACT US TODAY

Kraminsky Law, LLC is available  24 hours 7 days a week. Call us today at 973-200-3787 to schedule a free consultation or email us at Alan@KraminskyLaw.com. If you are interested in our services to assist you with a landlord tenant eviction, ejectment or post-foreclosure writ of possession, you should schedule a free consultation with our firm as soon as possible.