Ejectment Vs Eviction For Tenant
Description
How to fill out General Form Of Complaint, Petition, Or Declaration For Ejectment?
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FAQ
An eviction is of a party that has a legal right to occupy property usually through a lease. An ejectment is against a person who has no legal right to occupy property.
We have noted that the New Jersey eviction process is a generally fast and simple procedure that allows landlords to evict tenants in as little as four to six weeks. There are no Counterclaims allowed by the Defendant (Tenant) and there is no requirement that the parties exchange any discovery prior to trial.
Ejectment is the legal process in New Jersey for removing non-tenants, including squatters, and friends and family that refuse to leave. Ejectment involves filing a lawsuit, court hearings, and lock-out by the county sheriff. New Jersey has different legal procedures for removing tenants and non-tenants.
The most common way to prove superior right to possession is to present the court with a certified and recorded deed. The defendant may assert various defenses to the ejectment action such as the deed is fraudulent, existence of a landlord-tenant relationship, and/or adverse possession.
When a person is in possession of a property and there is no agreement for rent, and therefore no landlord-tenant relationship, an ejectment is necessary. Ejectments are almost always more complicated, usually contested, and the process can take considerably longer than an eviction.