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New Jersey Post-Eviction Proceedings from Warrant of Removal to Rent Collection and Damages Actions

50m

Created on September 05, 2017

Intermediate

Overview

So you have gone to court and a judge has ruled that your tenant has been evicted. Now what? How do you get the tenant physically removed from the property? What happens if the tenant leaves personal property behind after being removed? If your client is owed money for rent or has damages as a result of the tenant's actions, how do you recover those monies or damages? Finally, what defenses can be anticipated from the tenant's point of view?

When handling either residential or commercial evictions, obtaining a "judgment for possession" from the court is only the first step to perfecting an eviction. An entire process has to be followed to perfect the eviction. Even following the actual eviction, there are other substantive and procedural concerns that can plague both commercial or residential landlords in the aftermath. This program will highlight and explore those concerns in order to prepare you to handle defenses to a physical eviction and, in some instances, applications to restore a tenant to possession even after he or she has physically been removed.

Furthermore, if you represent the landlord, you will learn how to recoup and collect outstanding rent owed to your client following the tenant's eviction. The program will also cover factors that practitioners representing landlords have to consider, including federal laws governing collection actions. Lastly, the program will review other items to consider when bringing actions against tenants for damage caused to the rental premises, and pitfalls to avoid in doing so.

This course is presented by Kenneth W. Biedzynski, Esq., who will review legal issues relating to the above topics and also provide and discuss applicable forms that practitioners will need to use to achieve their objectives.


Learning Objectives:

  1. Understand how to handle and process a warrant of removal
  2. Identify the procedure for post-eviction applications and abandoned property
  3. Discuss relevant considerations for handling collection actions and defenses to same
  4. Provide practical guidance for practitioners representing residential and commercial landlords in all aspects from eviction to the pursuit of collection

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