Passaic County Eviction Process

[Osvaldo DIaz]

The process is fairly simple if its for non-payment of rent. If the deadbeat tenant shows up to court with the unpaid rent amount including (court fees, reasonable lawyers fees, if proper language listed on lease (payable as additional rent ), the case is dismissed. I went represented with a lawyer as should you. If you go with a lawyer, you will be in and out of the court house fairly quickly. My case took a total of 25 minutes. An order was signed during mediation that the tenant has to vacate in 8 days, she left 5 days later (On Memorial Day).  Mediation is mandatory, unless an agreement can't be reached. The tenant stopped paying rent for two months once I told her that the lease will not be renewed.  Looks like she was used to doing this from her past history. Surprisingly, she showed up for court and almost missed roll-call by 5 minutes. She claimed rent was paid for April but not May (claiming a rent receipt wasn't given to her). Of course , because you didn't pay. LOL. Her only defense was a text message stating "I'll pay you next week". That did not and will not hold up in court. The burden of proof is on her.In other words, her only hope was throwing up a prayer and hoping the judge believed her. But, judges see right through stuff like this. I will be going to small claims court with my attorney to collect what I'm owed even if i don't recuperate the full amount. It's all about principle at this point. Don't hesitate to file a complaint. Trust me , it will cost you. The process takes at least 6 weeks. Filed April 12th and Court Date May 23rd, Landlord tenant court is like an assembly line. Dismissed, mediation or judgement of possession issued.  The judges has to rule in your favor unless the living conditions in the tenants apartment is inhabitable ( rats, mold, ceiling falling down, etc). Regardless, the tenant has to post the unpaid rent amount with a court house (escrow account) before the judge entertains any complaints about withholding rent. Judges know the game. The stigma about tenants getting 6 months rent free is no longer a thing. Pay and Stay or No Pay /No Stay.

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