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Complaint for Damages and Relief for Unlawful Detention of Real...

New Jersey Complaint for Damages and Relief for Unlawful Detention of Real Property Formerly Held by Plaintiff Pursuant to a License - Squatter's Rights

Category:

Real Estate - Landlord Tenant - Unlawful Entry and Detainer

State:

Multi-State

Control #:

US-02222BG

Format:

Instant download

Description

Unlawful detention in the real property context means keeping possession of real property without a right, such as after a lease has expired. Such possession entitles the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint For Damages And Relief For Unlawful Detention Of Real Property Formerly Held By Plaintiff Pursuant To A License - Squatter's Rights?

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FAQ

Essentially, a squatter, after residing on a property for some time, can claim ownership of it. Based on NJ Rev Stat § 2A:14-30 to 32 (2016), a squatter must be on a residential property for 30 years of continuous occupation to claim adverse possession. That time becomes 60 years if the location is a woodland area.

If the squatter still refuses to leave, you will then serve them with a notice to vacate, the same way you would with a tenant who stops paying rent. In New Jersey, you can evict a squatter by serving them a 3-day notice to quit if they are engaging in illegal activity, causing a disturbance, or damaging the property.

A person taking possession of real property, without the consent of the owner or without color of title, and willfully and without force holding or detaining the same after demand and written notice given for the delivery of the possession thereof, by the owner or person entitled to possession or right to possession ...

In the state of New York, squatters who live in a place for 30 days instantly become legal tenants. Therefore, it's crucial to move quickly to evict squatters within the first 30 days. Intruders can falsely claim possession of the property. Property owners or law enforcement can be defrauded by documentation.

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.

They cannot be evicted by anyone other than a special civil part officer. The landlord must first file a landlord tenant lawsuit in the special civil part of the Superior Court and get a judgment for possession from the court before an officer can be directed to evict any residential tenant.

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