Attorney Fees for Eviction

[Gurpal Cheema]

Are attorney fees refundable for eviction if the tenant moves out or pays rent before the court date? I'm in New Jersey (very tenant friendly state) where you have to file an eviction through an attorney if the property is owned under business name. On top the attorney fees are very high. I paid $650 for filing and court appearance, our court date is 24th of this month but my tenant just told me he's moving out before the 18th. Should I ask for some sort of refund since we will not have to go to court?

[Lynn McGeein]

Just because tenant said he is moving out before the 18th doesn't mean he will, so I wouldn't stop the proceedings until he is actually out.  In addition, tenant should be paying those fees and signing a release of lease as, otherwise, you could rent it out again only to have him say he still has a valid lease and right to be there until lease end as there was no eviction or release.   I'm not a lawyer, so no legal advice, but if I had filed eviction already, the tenant would either be paying all fees incurred, including late fees and legal fees, and signing a release to end the lease early, or my lawyer would be in court finishing the eviction.  If attorney agrees to reduced fee if tenant leaves before court date, then have tenant pay that reduced fee.   If he wants out without eviction on his record, ask to meet him at the property when it's empty and sign his release that includes his acceptance of paying late rents and fees out of his deposit or providing any balance due if deposit won't cover it, then change the locks, and you'll agree to stop the eviction so it's not on his record.   Otherwise, proceed with eviction.