Getting Evicted

[undo1260]

My question involves an eviction in the state of: NJ

I had not paid my rent for the month of March and April but did not receive any written notice from my roommate who i had subleased a room from (my roommate has rented this apartment from the management company), nor did I receive any notice/summons from the court to appear I guess my roommate must have taken out of the mail box so that i could not find out. Hence I missed the court date and he got the judgment by default.

Today I have just received a notice hanging on my door by the sheriff that I have to move my stuff out in 3 days or he will come and escort me out. I know i am late but I have the money now for the month of March and April but my roommate is not accepting it ....he wants me out. Here are my questions:

1) Can my roommate who is also a tenant evict me shouldn't it be the management company filing this case?

2) Can I go to court with the money to stop this and avoid being thrown out...is this possible at all in New Jersey?

Please help I don't think I have much time. I would really appreciate a fast response. Thanks...

[LawResearcherMissy]

1) You have (had) a sublease, therefore, your roommate is your landlord.

2) If you were never served notice of the court proceedings, the eviction may be improper.

In New Jersey, if you're being evicted for non-payment of rent, the landlord is not required to give you any notice before going to court. It is required that you receive notice of the court proceedings, however.

You need to get yourself down to the courthouse first thing tomorrow morning at 9AM (or whenever the court opens) and speak to the Clerk about your options. I am doubtful that you're going to be able to get the eviction complaint dismissed, but you may be able to buy yourself some time to find another place.

[undo1260]

Hi Missy,

Thanks for your help. Luckily I was able to find a room to shift with one of my friends. And I am moving there today. I still have a few questions and would really appreciate if you could help.

1) If i shift myself and not wait for the Sherif will this eviction still appear on my record (the court does not have my SSN) as the roommate only gave the court my Name, Phone number and the apartment address which I have never used for any mail.
2) f the answer to first one is yes then what can I do at this point to have it removed or at least reduce the impact of it. Can I talk to my roommate and get him to take his complaint back?

[LawResearcherMissy]

1) Yes. The eviction has already been granted. Whether or not the sheriff has to come put you out is irrelevant, it's already a matter of court record. Your SSN need not be attached for it to show up in a search of eviction records for your name, and whether or not you used the address for mail is of no matter.

The record shows the address of the property you were evicted from, with no regard for where you had your mail sent.

2) No. It's too late to withdraw the complaint, as the eviction has already been granted.

If you had good reason for non-payment - you were in the hospital or laid off - you can explain the situation to future landlords prior to applying for a lease. Landlords tend to appreciate tenants who are up front with them, and are more likely to cut you a little slack if you're forthcoming, rather than letting them get clonked upside the head with a surprise in your rental history.

[undo1260]

Even if I go to Court and explain that I never got any notice/summons to appear in the court and pay the rent there only and they agree that it was an improper eviction. Even then it will stay on my record?

[LawResearcherMissy]

If you were to manage to get it dismissed, it would still show, but as dismissed. You'd still have to explain the situation to potential landlords.