Can tenants stop an eviction by paying overdue rent?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Can Tenants Stop an Eviction by Paying Overdue Rent in New Jersey?
In New Jersey, tenants facing eviction due to unpaid rent often want to understand their options for stopping the eviction process. A common question is whether paying overdue rent can halt or reverse an eviction. This guide provides a clear overview of how paying back rent affects evictions in New Jersey, the legal procedures involved, and important steps tenants should take.
Understanding the Eviction Process in New Jersey
Evictions in New Jersey generally begin when a landlord files a formal complaint called a Summary Dispossession Action if a tenant fails to pay rent by the due date or violates lease terms.
Key points about the eviction process:
- Notice Requirement: Landlords must typically provide tenants with a written notice — often a "Notice to Quit" or a "Notice to Pay Rent or Quit" — giving the tenant a specific period (usually 30 days or less) to pay overdue rent or vacate the property.
- Filing the Complaint: If the tenant does not pay or move out, the landlord can file an eviction complaint in the local Landlord-Tenant Court.
- Court Hearing: Both parties present their case before a judge.
- Judgment: If the judge rules in favor of the landlord, a judgment for possession is issued.
- Warrant of Removal: After a judgment, the landlord may obtain a warrant directing the sheriff or constable to remove the tenant if they do not vacate voluntarily.
Can Paying Overdue Rent Stop the Eviction?
Before Court Judgment
In many cases, paying the past due rent before the landlord files a complaint or before a court judgment is issued can effectively stop the eviction. This is because New Jersey law generally requires that the tenant be given an opportunity to cure the non-payment (i.e., pay the overdue rent) before the eviction proceeds.
- Curing the Default: If the tenant pays the entire overdue rent within the notice period (often 30 days from receiving the landlord’s notice), the landlord is usually required to accept this payment and cannot proceed with eviction based solely on that missed payment.
- Communication is Key: Tenants should inform the landlord as soon as possible about their intention to pay and arrange to pay all overdue rent. This can prevent the case from ever reaching court.
After Court Judgment
If the eviction complaint has already been filed and a court hearing has resulted in a judgment for possession in favor of the landlord, stopping the eviction by paying overdue rent becomes more complicated but might still be possible under certain circumstances:
- Right to Redeem: New Jersey law provides a tenant a limited “right to redeem” after a judgment by paying the amount of rent and any associated court costs before the warrant of removal is executed. This means the tenant can pay all overdue rent plus legal fees before the sheriff removes the tenant to stop eviction.
- Judgment Details: The judgment will specify how much the tenant owes, including back rent and costs. Payment must be made in full.
- When Payment is Made: If the tenant pays these amounts before the eviction is enforced (before the sheriff's scheduled removal), the eviction will be halted, and the tenant may remain in possession of the property under the terms of the original lease.
After Warrant of Removal Is Executed
Once the warrant of removal has been executed and the tenant physically removed from the property, paying overdue rent will generally no longer prevent eviction, and the tenant will need to negotiate with the landlord to regain possession or pursue other remedies.
Steps Tenants Should Take to Stop an Eviction by Paying Rent
If you are a tenant in New Jersey facing eviction for unpaid rent, adhere to the following steps:
- Review Notices Carefully:
- Calculate the Full Amount Owed:
- Pay Promptly:
- Notify the Court and Landlord:
- Understand Your Redemption Rights:
- Seek Legal Assistance if Needed:
Additional Considerations in New Jersey
- COVID-19 Protections: Note that certain temporary protections and eviction moratoriums may have applied during the COVID-19 pandemic, but tenants should verify current laws as these change over time.
- Lease Terms and Late Fees: Review your specific lease for terms on rent payments, late fees, and remedies for non-payment.
- Landlord’s Discretion: While landlords cannot generally reject full payment of overdue rent to force eviction, disputes about the amount owed, damages, or other lease violations may affect your case.
Summary
In New Jersey, tenants generally can stop an eviction by paying overdue rent, especially if payment is made promptly before a court judgment or eviction order is finalized. The law provides tenants with opportunities to cure rent defaults and requires landlords to accept payment to halt eviction proceedings under specified conditions.
If a judgment for possession has already been entered, tenants may still stop the eviction by paying the full amount due along with allowable costs before the sheriff executes the warrant of removal.
For tenants facing eviction, timely payment of all overdue rent and clear communication with the landlord and courts are critical steps to avoid losing their home. Consulting with a legal expert or tenant advocacy group can also provide valuable guidance tailored to individual circumstances.
By understanding these rights and actions under New Jersey law, tenants can be better prepared to effectively respond to an eviction notice and protect their residency.