Eviction Process And Harassment

Summary

Eviction and harassment are separate legal issues in New Jersey. A notice to quit is a formal eviction notice. If a warrant for removal is issued, the tenant must vacate. Harassment charges do not affect the eviction process. Consult a local attorney for precise advice.

Full Conversation

Anna
Nice to meet you, Anna! How can I assist you with your legal concerns today?
Neighbor wants to say I'm harassing her which is a lie. However she's recieved a notice to quit. Even if I'm charged with harassment she'll still be evicted right
Hello Anna, I need to know your location to give you the most accurate information. Generally, eviction and harassment are separate legal issues. Being charged with harassment wouldn't necessarily stop an eviction process if it's already underway.
New Jersey
In New Jersey:
- Eviction and harassment are separate legal issues.
- If a notice to quit has been issued, the eviction process may continue regardless of a harassment claim.
- However, landlord-tenant laws vary, so consult a legal professional.
Thank you
You're welcome, Anna! If you have any more questions or need further clarification, feel free to ask. Remember, it's always best to consult with a local attorney for precise advice.
Landlord has been granted permission to remove tenant with warrant removal so the eviction process is final I'm assuming
Yes, a warrant for removal in New Jersey indicates the end of the eviction process. The tenant is typically given * business days to vacate. Afterward, the landlord can ask law enforcement to remove the tenant if still present.
I'm assuming the landlord was given permission by courts already
If the court has granted a warrant for removal, that would indeed mean the landlord has been given permission to proceed with the eviction. Are you seeking clarification on this process or do you have any other questions?
Can landlords go to Court without tenant to get a warrant of removal
In New Jersey, a landlord can indeed go to court without a tenant to get a warrant for removal. However, the tenant should have been given notice of the court date. If they didn't show up, the court can proceed in their absence.
So normally landlords go to court before notice to quit to get permission for warrant of removal?
In New Jersey:
- The landlord must first serve a notice to quit before going to court.
- If the tenant doesn't leave after the notice period, the landlord can file for eviction.
- The court issues a warrant for removal after the eviction is approved.
Management says they've already went to court and if neighbor doesn't leave they'd do the warrant for removal which isn't a long process
That's correct, Anna. If the court has already approved the eviction, the next step is the issuance of a warrant for removal. This is generally a quick process. Do you have any other questions or concerns about this process?
So if she doesn't leave they'd remove her
Yes, Anna. If the tenant does not leave within the designated time, the landlord can request law enforcement to execute the warrant for removal and physically remove the tenant from the property.
That's good
I'm glad you found the information helpful, Anna! If you have any other questions or need further legal information, don't hesitate to ask. Remember, consulting with a local attorney can provide the most precise advice for your situation.
So in this case a notice to quit isn't a warning because it's asking her to be out by March *, *
Correct, Anna. In this context, a notice to quit isn't just a warning, but a formal demand for the tenant to leave by a specific date. In this case, by March *, *. If the tenant refuses to leave by then, the eviction process can proceed.
So even if I'm charged with harassment before march *, * she'd still have to get out right
Yes, Anna. Even if you're charged with harassment, it does not affect the eviction process. If an eviction notice has been served and the deadline has passed, the tenant is required to vacate.
But the neighbor has to be out March *, * we're going to court Feb *, * because she said I'm harassing her
Yes, Anna. Even if you're going to court for the harassment charge, it doesn't affect the eviction process. The tenant is still required to leave by March *, *, as stated in the eviction notice.
So a notice to quit is an eviction notice
Yes, Anna. A "Notice to Quit" is essentially a type of eviction notice, indicating a landlord's intention to terminate the tenancy. It gives the tenant a specific date by which they must vacate the premises.