What happens if a landlord accepts rent after starting the Eviction process? The answer to this question can have significant consequences for both parties involved. Let’s break it down in simple terms.
The Basics of the Eviction
In New Jersey, landlords can evict tenants for different reasons, such as not paying rent, breaking the Lease Terms, or other legal reasons. However, landlords must follow specific legal steps, including giving the tenant a notice and a chance to fix the problem before going to court.
Accepting Rent After Filing for Eviction
Let’s say a landlord has started the eviction process because the tenant didn’t pay rent, but then the landlord takes rent from the tenant. In New Jersey, doing this can cause serious legal problems.
- It May Cancel the Eviction: By accepting rent, a landlord might accidentally show that they are okay with the tenant staying, even though the tenant didn’t pay before. This can mean the landlord gives up their right to evict the tenant for not paying earlier.
- Creates a New Month-to-Month Tenancy: If the landlord accepts rent without saying it’s only for the past due amount, they might start a new month-to-month rental agreement. This means the landlord will have to start the eviction process all over again if they want to evict the tenant for not paying in the future.
How Landlords Can Protect Themselves
For landlords, it’s important to be clear and follow the legal rules. If a landlord decides to take rent after filing for eviction, they should:
- Specify the Acceptance Terms: Landlords should make it clear in writing that accepting the rent does not mean they are giving up their right to evict the tenant for not paying before.
- Understand the Legal Consequences: Before accepting any rent after filing for eviction, landlords should talk to an attorney to make sure they understand the consequences and aren’t accidentally canceling their eviction case.
For Tenants
Tenants should know that just because a landlord takes rent after filing for eviction, it doesn’t always stop the eviction process. It’s important to understand the specific terms under which the rent is accepted.
Protect Your Rights
Remember, every landlord / tenant situation is different. For guidance on your unique Landlord / Tenant issue, Contact UBFK Law today!