Ejectment: How To Remove An unauthorized occupants From Your Property.

When a property owner seeks to remove tenants for non-payment of rent, lease violations, or illegal activity, it’s called an eviction. For situations where the owner of the property does not have a written or oral lease with the persons occupying the property, the legal procedure for removing such persons is called ejectment.

Ejectments in New Jersey can be contentious and complicated, so it’s important to hire an experienced attorney that knows how to get the job done.

Why Ejectment Actions Are Necessary

There are a host of situations that give rise to the need for removing unauthorized occupants from a property. The most common situation is when a former owner or their family members refuse to leave the property after a foreclosure, but there are a wide range of other scenarios. It’s becoming increasingly common for squatters to have taken up residence in vacant properties.

New Jersey Ejectment Action Procedures

NJSA 2A:35-1 specifies the procedures that owners can use to remove squatters, former owners, and unauthorized occupants from the property. Ejectment actions are filed in a special civil division, not in landlord-tenant court. This makes the proceedings more complicated, but the upside is the ability to collect damages, something that is not available in eviction actions in landlord-tenant court.

To get things started, you must file an Order to Show Cause (OTSC), Verified Complaint with Certification, proposed Order of Ejectment, and proposed Writ of Execution with the court. If the papers are acceptable, the Judge will sign the OTSC, set forth details for service on the occupant(s), and set a return date for a hearing. Even if the occupants fail to respond, the Judge will want to hear testimony from the owner before signing off on the Proposed Order.

Experienced New Jersey Attorney

Ejectments are not as common as evictions and are far more complicated and contentious. That’s why it’s important to hire an experienced attorney that handled ejectment cases and knows how to get the job done right.