Information on Ejectment Actions to remove occupants

           Information on Ejectment Actions to remove occupants

Ejectment is a legal action brought by a plaintiff under N.J.S.A. 2A:35-1 and R. 4:59-2, claiming a right to possess real property against a defendant who currently possesses the property.           

In New Jersey, the common law action of ejectment was replaced by N.J.S.A. 2A:35-1, which states, “Any person claiming the right of possession of real property in the possession of another or claiming title to such real property, shall be entitled to have his rights determined in an action in the Superior Court.” It differs from a summary dispossess action under N.J.S.A. 2A:18-53 which permits the removal of tenants or lessees under certain circumstances (e.g., holdover tenants, defaults in rent, and certain violations of the leasing agreement), but does not involve claims to title of the property. Ejectment actions typically should be brought in the Law Division. 

http://www.judiciary.state.nj.us/civil/practitioners_guide.pdf

However, if the persons residing in the house are family members and there is a probate case, we can file in Probate Division.

 

Sometimes the parent passes away, and an adult child living in the house will not move out. We file an Ejectment Action and seek a court order

  We would ask the court for the following:

WHEREFORE, plaintiff Executor demands the following:

         

             1.      The house located at __________ shall immediately be listed for sale and D1 the occupant shall cooperate in the sale.

             

             2.      D1 and all other occupants shall immediately vacate or pay a monthly rent of $2,000 per month, plus utilities and roof expenses and amounts.

         

         3. D1 the occupant be required to pay the mortgage amounts since the date of death in amount of __ as of ___and all mortgage amounts after that date.

         

2.   D1 the occupant pay property taxes of _$ _ as of _  and all property taxes after that date.

 

3.   d1pay overdue electric bill of $__ as of __ and all electric bills after that date.

 

4.   D1 the occupant pay water/sewer bill of __as of __and all water/sewer bills after that date.

 

5.   D1 the occupant  pay gas bill of $  as of __ and all gas bills after that date.

 

         8. D1 THE OCCUPANT  be required to pay attorney’s fees and costs of this action, which are $5,000 as of 7/2/11, and hourly rate of $325 per hour.

          

         9. Money owed by D1 the occupant  __ shall be deducted from their share of estate after sale of land.

         

         10. Plaintiff will be granted further relief as the court will deem just and equitable.

 

The Court will typically give them time to move out.