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The Verified Complaint Landlord Tenant New Jersey form, designated as Appendix XI-X, is a crucial document for landlords in the event of nonpayment of rent. It serves as a formal declaration, enabling landlords to initiate legal proceedings against tenants who fail to pay rent. Given its public nature, the form advises against including personal identifiers to protect privacy.

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Content Overview

In New Jersey, landlords navigating the complex waters of tenant eviction due to non-payment of rent have a critical tool at their disposal—the Verified Complaint Landlord Tenant form, specifically designed for the Law Division, Special Civil Part of the Superior Court. This important document not only initiates the legal process but also firmly emphasizes the public nature of the filing, cautioning against including sensitive personal identifiers to protect privacy. It outlines the necessary plaintiff or filing attorney information, details of the landlord and tenant involved, and specifies the property in question, ensuring all parties are clearly identified. Landlords must declare their ownership status and verify that the tenant’s occupancy and rental agreements adhere to legal standards. Significantly, the form demands a meticulous account of owed rent, permissible charges, and future due dates, establishing a transparent financial claim against the tenant. Moreover, it provides for cases extending beyond simple non-payment to include other violations that may warrant eviction, thereby serving as a comprehensive legal foundation for reclaiming possession. The landlord's oath to the truthfulness and completeness of the provided information, under penalty of law, underscores the seriousness of this document. Completed with a section for necessary accommodations at trial, this form encapsulates a critical legal avenue for property owners, balancing landlord rights with tenant protections within New Jersey’s judicial framework.

Document Sample

Appendix XI-X Verified Complaint - Nonpayment of Rent

NOTICE: This is a public document, which means the document as submitted will be available to the public upon request. Therefore, do not enter personal identifiers on it, such as Social Security number, driver’s license number, vehicle plate number, insurance policy number, active financial account number, active credit card number or military status.

Plaintiff or Filing Attorney Information:

Name

NJ Attorney ID Number

Address

Email

Telephone Number

,

Name of Plaintiff(s)/Landlord(s), v.

,

Name of Defendant(s)/Tenant(s).

Superior Court of New Jersey

Law Division, Special Civil Part

County

Docket Number: LT

Civil Action

Verified Complaint

Landlord/Tenant

Non-payment of Rent

Other (Required Notices Attached)

Commercial

Residential

Address of Rental Premises:

 

 

 

 

.

 

Tenant’s Phone Number:

 

 

.

Tenant’s Email:

 

 

.

1. The owner of record is (name of owner)

2. Plaintiff is the owner or (check one)

.

agent, assignee, grantee or prime tenant of the owner.

3.The landlord did

4.The landlord has

did not acquire ownership of the property from the tenant(s).

has not given the tenant(s) an option to purchase the property.

5. The tenant(s) now reside(s) in and has (have) been in possession of these premises since (date)

,

under (check one)

written or

oral agreement

 

 

6.

Check here if the tenancy is subsidized pursuant to either a federal or state program or the rental unit is public housing.

7. The landlord has registered the leasehold and notified tenant as required by N.J.S.A. 46:8-27.

8. The amount that must be paid by the tenant(s) for these premises is $

 

, payable on the

 

day of each

month or

week in advance.

 

 

 

 

Complete Paragraphs 9A and 9B if Complaint is for Non-Payment of Rent

Revised 07/14/2020, CN 11252 (Appendix XI-X)

page 1

(Attach additional sheets if necessary.)

9A. There is due, unpaid and owing from tenant(s) to plaintiff/landlord rent as follows:

$

base rent for

 

(specify the week or month)

$

base rent for

 

(specify the week or month)

$

base rent for

 

(specify the week or month)

$

late charge* for

 

(specify the week or month)

$

late charge* for

 

(specify the week or month)

$

late charge* for

 

(specify the week or month)

$attorney fees*

$other* (specify)

$TOTAL

*The late charges, attorney fees and other charges are permitted to be charged as rent for purposes of this action by federal, state and local law (including rent control and rent leveling) and by the lease.

9B. The date that the next rent is due is (date)

 

.

If this case is scheduled for trial before that date, the total amount you must pay to have this complaint

dismissed is (Total from line 9A)

$

 

.

If this case is scheduled for trial on or after that date, the total amount you must pay to have this

complaint dismissed is $

.

 

 

 

(Total from line 9A plus the amount of the next rent due)

These amounts do not include late fees or attorney fees for Section 8 and public housing tenants. Payment may be made to the landlord or the clerk of the court at any time before the trial date, but on the trial date payment must be made by 4:30 p.m. to get the case dismissed.

Check Paragraphs 10 and 11 if the Complaint is for other than, or in addition to, Non-Payment of Rent. Attach All Notices to Cease and Notices to Quit/Demands For Possession.

10.

Landlord seeks a judgment for possession for the additional or alternative reason(s) stated in the notices attached to this complaint. State Reasons:

11.

The tenant(s) has (have) not surrendered possession of the premises and tenant(s) hold(s) over and continue(s) in possession without the consent of landlord.

WHEREFORE, plaintiff/landlord demands judgment for possession against the tenant(s) listed above, together with costs

Dated:

(Signature of Filing Attorney or Landlord Pro Se)

(Printed or Typed Name of Attorney or Landlord Pro Se)

Revised 07/14/2020, CN 11252 (Appendix XI-X)

page 2

Landlord Verification

1.I certify that I am the landlord, general partner of the partnership, or authorized officer of a corporation or limited liability company that owns the premises in which tenant(s) reside(s).

2.I have read the verified complaint and the information contained in it is true and based on my personal knowledge.

3.The matter in controversy is not the subject of any other court action or arbitration proceeding now pending or contemplated and no other parties should be joined in this action except (list exceptions or indicate none):

.

4.I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with RULE 1:38-7(b).

5.The foregoing statements made by me are true and I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

At the trial plaintiff will require:

An interpreter

An accommodation for a disability

Yes

Yes

No

Indicate language

 

No

Required accommodation

 

Dated:

(Signature of Landlord, Partner or Officer)

(Printed Name of Landlord, Partner or Officer)

Revised 07/14/2020, CN 11252 (Appendix XI-X)

page 3

Form Attributes

Fact Number Fact Detail
1 The Verified Complaint for Non-Payment of Rent is a form used in the Superior Court of New Jersey, Law Division, Special Civil Part for resolving disputes regarding unpaid rent.
2 The form explicitly advises against including personal identifiers to protect privacy, indicating the public nature of the submitted document.
3 It provides sections for both plaintiff (landlord) and defendant (tenant) information, including contacts and attorney details if applicable.
4 The complaint distinguishes between residential and commercial tenancies, requiring clarity on the nature of the rented premises.
5 A section is dedicated to confirming the landlord's legitimacy in filing the complaint, whether as owner, agent, assignee, grantee, or prime tenant.
6 Landlords must declare if the tenancy is subsidized by federal or state programs, or if it involves public housing, affecting how the case is processed.
7 Compliance with New Jersey's lease registration and tenant notification laws (N.J.S.A. 46:8-27) is required to be affirmed in the complaint.
8 Landlords must itemize the rent due, including base rent, late charges, attorney fees, and other charges, underlining the complaint's credibility.
9 The complaint outlines the process for dismissing the case upon full payment before the trial date, including specific scenarios based on the trial's timing.
10 The form requires a landlord verification section, affirming the veracity of the information provided under penalty of punishment for falsehoods.

Verified Complaint Landlord Tenant New Jersey: Usage Guide

Filling out the Verified Complaint Landlord Tenant New Jersey form is a process that landlords must carefully complete to initiate a formal action against a tenant, typically for non-payment of rent. The accuracy and thoroughness of this document are pivotal as it constitutes the basis for the legal case in the Superior Court of New Jersey Law Division, Special Civil Part. Following these steps ensures the complaint is submitted correctly.

  1. Begin by entering the plaintiff (landlord) or filing attorney’s information at the top of the form, including Name, NJ Attorney ID Number, Address, Email, and Telephone Number.
  2. Fill in the Name of Plaintiff(s)/Landlord(s) versus Name of Defendant(s)/Tenant(s) along with the County and Docket Number under the Superior Court of New Jersey Law Division, Special Civil Part section.
  3. Specify whether the case involves Non-payment of Rent or Other; tick the required box. Attach Required Notices if applicable.
  4. Provide the Address of Rental Premises, including Tenant’s Phone Number and Email.
  5. Indicate the owner of record and specify the relationship of the Plaintiff to the owner (owner, agent, assignee, grantee, or prime tenant).
  6. Specify if the landlord acquired ownership from the tenant(s) and whether the tenant(s) were given an option to purchase the property.
  7. Provide details about the tenant(s)’ possession of the premises, including whether the agreement is written or oral and if the tenancy is subsidized or is public housing.
  8. Confirm if the landlord has registered the leasehold and notified tenant as required by state law.
  9. Enter the monthly or weekly rent amount, and the due day.
  10. For Non-Payment of Rent complaints, detail the amount due in rent, including base rent for specified periods, late charges, attorney fees, and other charges. Provide the total amount due.
  11. Indicate the next rent due date and the total amount required for the complaint dismissal, depending on the trial date.
  12. If applicable, check and complete Paragraphs 10 and 11 for complaints other than non-payment of rent and attach all relevant notices.
  13. Sign and date the document as the Filing Attorney or Landlord Pro Se, including a printed or typed name.
  14. Landlord Verification section: Certify your capacity (landlord, general partner, or authorized officer), verify the truthfulness of the complaint based on personal knowledge, confirm there are no other court or arbitration proceedings concerning the matter, and acknowledge the redaction of confidential personal identifiers in accordance with court rules. Sign and date this section, indicating any requirements for an interpreter or accommodation for a disability if needed.

Once the form is filled out, review all sections for accuracy and completeness. The completed document, along with any attached notices or additional information, should be submitted to the appropriate court office. This step formally initiates the legal process, leading towards a resolution through the New Jersey court system.

Listed Questions and Answers

What is a Verified Complaint Landlord/Tenant in New Jersey?

A Verified Complaint Landlord/Tenant in New Jersey is a legal document filed by a landlord in the Superior Court of New Jersey Law Division, Special Civil Part, to initiate a legal action against a tenant. This action is usually for non-payment of rent but can include other disputes as well. The form requires detailed information about the parties, the rental premises, the amount of rent due, and the reasons for the complaint.

Who can file a Verified Complaint Landlord/Tenant form?

The verified complaint can be filed by the landlord, who is the owner of the rental property, or someone acting on behalf of the owner such as an agent, assignee, grantee, or prime tenant with the authority to manage the property and collect rent.

What information is required to fill out the form?

  • Plaintiff or filing attorney information
  • Name and address of the rental premises
  • Name of defendant(s)/tenant(s)
  • Amount of rent due and the period it covers
  • Any additional charges besides the base rent
  • Details about the lease or rental agreement
  • Details regarding the non-payment of rent and any other reasons for the complaint

What are the steps to file this complaint in New Jersey?

  1. Complete the Verified Complaint Landlord/Tenant form with all required information.
  2. Ensure no personal identifiers like Social Security numbers are included on the form.
  3. Attach any required notices to the complaint, such as Notices to Cease or Quit.
  4. File the completed form with the Superior Court of New Jersey Law Division, Special Civil Part in the relevant county.
  5. Pay the required filing fee.

Is there a fee to file the Verified Complaint?

Yes, there is a fee to file a Verified Complaint in New Jersey. The fee amount varies and can be confirmed by contacting the courthouse where you plan to file the complaint or checking their website.

Can late fees and attorney's fees be included in the rent amount due?

Yes, late charges, attorney fees, and other charges can be included as part of the rent for the purposes of the action, provided they are allowed by federal, state, and local law and agreed upon in the lease.

What happens after the Verified Complaint is filed?

After filing, the court will schedule a hearing date. Both the landlord and the tenant will be notified and given the opportunity to present their case. If the tenant pays the due amount before the trial, the case may be dismissed. The court will listen to both parties before making a decision on the possession of the property.

Can a landlord demand possession of the premises through this complaint?

Yes, through this complaint, a landlord can demand judgment for possession of the premises if the tenant has not surrendered possession and holds over without the landlord's consent, in addition to seeking any unpaid rent.

What if there are other reasons for the complaint besides non-payment of rent?

If the complaint is for reasons other than, or in addition to, non-payment of rent, such as violation of lease conditions, these reasons should be detailed in the complaint form and supported by attaching all relevant notices like Notices to Cease and Demands for Possession.

Is personal information protected when filing this complaint?

Yes, the form explicitly states that personal identifiers should not be included to protect privacy. Additionally, the landlord is required to certify that confidential personal identifiers have been redacted from documents submitted to the court, in accordance with New Jersey court rules.

Common mistakes

Filling out the Verified Complaint Landlord Tenant New Jersey form is a crucial step in the landlord-tenant dispute resolution process. However, individuals often make mistakes that can significantly impact the outcome. Understanding and avoiding these mistakes is essential for ensuring that the filing accurately represents the situation and complies with legal requirements.

  1. Entering Personal Identifiers: Despite explicit instructions not to include personal identifiers (such as Social Security numbers, driver’s license numbers, vehicle plate numbers, insurance policy numbers, active financial account numbers, active credit card numbers, or military status), individuals sometimes overlook this directive. This not only violates privacy protocols but also contravenes the form's guidelines, potentially leading to legal complications or the need to resubmit the document.

  2. Incorrect Information about the Ownership and Relationship to the Property: The form requires specifying whether the plaintiff is the owner, agent, assignee, grantee, or prime tenant. Errors in this section can cause confusion regarding the legal standing of the complainant and the validity of the complaint itself. Accurate details ensure clarity about the parties involved and their rights.

  3. Failure to Attach Required Notices: For cases involving reasons other than or in addition to non-payment of rent, it is obligatory to attach notices to cease and notices to quit/demands for possession. Neglecting to attach these documents can lead to an incomplete complaint, delaying the proceeding or weakening the legal position of the plaintiff.

  4. Miscalculation of Amounts Owed: The form requires a detailed breakdown of the rental arrears, including base rent, late charges, attorney fees, and other permissible charges. Miscalculations or omissions in this section can affect the legal process, potentially resulting in disputes over the exact amount owed or the validity of the claim for back rent and related fees.

When filling out the Verified Complaint Landlord Tenant New Jersey form, it is crucial to:

  • Review the form thoroughly before submission.
  • Ensure all information is accurate and complete.
  • Adhere strictly to the instructions regarding personal identifiers.
  • Consult with a legal professional if there are any uncertainties or questions about the form or the process.

By avoiding these common mistakes and approaching the submission process with due diligence, landlords can navigate the initial stages of legal proceedings more effectively and with greater assurance of their actions' compliance with New Jersey law.

Documents used along the form

The Verified Complaint Landlord Tenant New Jersey form serves as a fundamental document in landlord-tenant disputes concerning non-payment of rent in the state of New Jersey. Alongside this crucial form, there are several other documents and forms often utilized to ensure a comprehensive and legally accurate process. These forms are pivotal for landlords, tenants, and legal professionals navigating the complexities of eviction processes or disputes related to rental agreements.

  • Notice to Cease: This document is a formal notification from the landlord to the tenant, addressing behavior that violates the terms of the lease agreement. It serves as a first step in resolving the issue without resorting to eviction.
  • Notice to Quit: This serves as a formal demand for a tenant to vacate the rented premises due to a breach of the lease or rental agreement. It specifies the reason for eviction and the timeframe within which the tenant must leave.
  • Rent Demand Letter: This letter is sent by the landlord to request overdue rent from the tenant. It often outlines the amount owed and may serve as a prerequisite to further legal action.
  • Lease Agreement: The original rental or lease agreement provides crucial context and evidence regarding the terms to which both the landlord and tenant have agreed, including rent, duration, and the responsibilities of each party.
  • Proof of Service: This document verifies that the tenant received the notices or documents related to the legal action, such as the Notice to Cease or Quit, ensuring proper legal process.
  • Case Information Statement (CIS): Used in some jurisdictions as part of the filing process for landlord-tenant disputes, this form provides the court with detailed information about the case.
  • Tenant’s Answer to Complaint: This form is the tenant's official response to the landlord's complaint, where they can admit, deny, or assert defenses against the allegations made by the landlord.

These documents play integral roles in the landlord-tenant legal process, aiding in clarifying rights and responsibilities, and ensuring that both parties adhere to New Jersey's legal statutes and regulations. The appropriate use and accurate completion of these forms can significantly impact the resolution of disputes and the efficiency of legal proceedings related to tenancy in New Jersey.

Similar forms

The Verified Complaint Landlord Tenant form for New Jersey shares similarities with other legal documents used in landlord-tenant disputes, each serving a unique purpose in property management and legal proceedings. One similar document is the Notice to Cease. This notice is similar because it also addresses issues between landlords and tenants, particularly behavioral or lease violations by the tenant, signaling the first step landlords must take before eviction procedures can begin. It is a precursor to more formal actions, focusing on specific grievances that need rectification.

Another related document is the Notice to Quit, which, like the Verified Complaint, is employed in landlord-tenant disputes but involves informing the tenant of the landlord’s intention to terminate the lease due to violations or other legal grounds outlined in the lease agreement or under state law. This notice typically precedes the filing of a formal eviction complaint and gives the tenant a set period to either remedy the violation or vacate the premises.

The Summary Dispossess Action form is also akin to the Verified Complaint, used specifically to initiate legal proceedings for evicting a tenant primarily due to non-payment of rent. This document formally starts the court process and, like the Verified Complaint, requires detailed information about the dispute, including the amount of rent due and the basis for eviction.

The Lease Agreement itself, while a contractual document, shares commonalities with the Verified Complaint regarding the details of the rental arrangement, such as rent amount, payment schedules, and tenant and landlord responsibilities. It forms the legal foundation upon which Verified Complaints and other dispute-related documents are built, outlining what constitutes a breach that could lead to legal action.

The Rent Demand Letter is a document that landlords use to demand overdue rent from tenants before taking legal action. Similar to the Verified Complaint's focus on non-payment of rent, this letter specifies the amount owed and often gives a final deadline for payment, serving as a final reminder to the tenant before more formal steps are taken.

Property Condition Report forms, while not directly related to disputes, share an indirect similarity by documenting the state of the rental property at move-in and potentially at move-out. Such reports can serve as key evidence in disputes outlined in Verified Complaints, especially those involving damage to property or maintenance issues.

The Tenant Information Update form, used to collect current contact and personal information from tenants, is indirectly related to the Verified Complaint. Updated information ensures that all parties involved in the dispute, including courts and legal representatives, have the correct details for communication, which is crucial for the resolution of the case.

Last, the Application for Rent Increase Approval, relevant in jurisdictions where rent control or stabilization laws apply, shares similarities. It involves legal documentation and process regarding financial aspects of tenancy, much like the Verified Complaint's focus on non-payment of rent. This application is critical where landlords must seek authorization before altering rent amounts, which could, if not approved, lead to disputes similar to those requiring the Verified Complaint.

Dos and Don'ts

Filling out the Verified Complaint for Landlord-Tenant Nonpayment of Rent in New Jersey requires attention to detail and an understanding of what is expected. Below are eight crucial dos and don'ts to bear in mind.

  • Do thoroughly read the entire form before you start filling it out. This ensures you understand all the requirements and gather all necessary information beforehand.
  • Do provide accurate and complete information in all sections. Inaccuracies can lead to delays or legal complications.
  • Do ensure that personal identifiers such as Social Security numbers, driver’s license numbers, and financial account numbers are redacted or excluded. This protects personal privacy as the document will be public.
  • Do check and double-check that you have attached all required notices, such as Notices to Cease and Notices to Quit/Demands For Possession, especially if your complaint is for reasons other than or in addition to Non-Payment of Rent.
  • Don’t leave any fields blank unless the form specifically instructs you to do so. If a section does not apply to your situation, fill it with “N/A” to indicate that it has been reviewed but is not applicable.
  • Don’t guess on dates or amounts. It’s important to be as accurate as possible. Providing incorrect information, even by accident, can affect the validity of your complaint.
  • Don’t forget to sign and date the form in the designated areas. An unsigned form can be considered incomplete and may result in delays.
  • Don’t include sensitive personal information of the tenant beyond what is necessary for the complaint. Following privacy guidelines is essential for legal and ethical compliance.

By adhering to these dos and don'ts, you can help ensure that your Verified Complaint for Landlord-Tenant Nonpayment of Rent in New Jersey is properly completed and processed in a timely manner.

Misconceptions

Misconceptions around the Verified Complaint Landlord Tenant New Jersey form are common, given its legal complexity and the stakes involved in landlord-tenant disputes. Here are seven frequently misunderstood aspects of this form:

  • Misconception 1: Personal information is required on the form.

    Many believe they must include sensitive personal identifiers on the form. However, the notice clearly states that such information should not be entered, to protect privacy and comply with public document regulations.

  • Misconception 2: The form is only for landlords.

    Though primarily designed for landlord use, the form clearly outlines the need for information regarding both the plaintiff(s)/landlord(s) and defendant(s)/tenant(s), indicating its broader applicability in disputes.

  • Misconception 3: It's only applicable for non-payment of rent cases.

    While a significant section is dedicated to non-payment of rent, the form also accommodates other disputes. Paragraphs 10 and 11 allow for additional or alternative reasons for seeking judgment against a tenant.

  • Misconception 4: It does not cover subsidized tenancies.

    Contrary to some beliefs, the form specifically inquires if the tenancy is subsidized by federal or state programs or is public housing, ensuring applicable cases receive due consideration and are processed accordingly.

  • Misconception 5: Late charges and attorney fees are not included in the complaint dismissal amount.

    A common misunderstanding is that the total amount to dismiss the complaint does not include late fees or attorney fees. For Section 8 and public housing tenants these may not apply, but in general, all permitted charges are considered for calculating the dismissal amount.

  • Misconception 6: Confidential information is allowed in subsequent documents.

    There's a misconception that after the initial submission, subsequent documents can include confidential personal identifiers. The landlord verification section clearly mandates redaction in all future documents as per RULE 1:38-7(b).

  • Misconception 7: The form is the final step in eviction proceedings.

    Some may mistakenly view filing this form as the last step in eviction. However, it's only part of the legal process, which includes court hearings, potential settlements, and possible trial, depending on the dispute's nature and resolution.

Understanding these aspects can help landlords and tenants navigate their disputes more effectively, ensuring they use the Verified Complaint Landlord Tenant New Jersey form correctly and in accordance with the law.

Key takeaways

Filling out and using the Verified Complaint Landlord Tenant form in New Jersey is an essential process for landlords who are seeking to address non-payment of rent or other tenancy issues legally. Here are key takeaways to ensure the process is completed accurately and effectively:

  • Protect personal information: Given that this document becomes public, it's critical to omit personal identifiers such as Social Security numbers, driver’s license numbers, and financial account numbers to safeguard privacy.
  • Detail plaintiff and defendant information accurately: This includes the full legal names of the landlord(s) and tenant(s), as well as accurate contact information and the address of the rental premises involved in the dispute.
  • Ownership and relationship: Clarify the plaintiff's (landlord’s) relationship to the property, including whether they are the owner, agent, assignee, or otherwise, to establish the legal standing in the complaint.
  • Tenancy specifics: Include details such as whether the tenancy agreement is oral or written, the duration of the tenant's occupancy, and any pertinent tenancy conditions, like federal or state subsidy programs.
  • Financial obligations: List the specific amounts due for rent, including any late charges, attorney fees, and other permissible charges, to clearly communicate the financial obligations of the tenant.
  • Legal compliance: Ensure compliance with New Jersey statutes, such as the requirement to register the leasehold and notify the tenant as required, presenting a compliant and well-founded legal document.
  • Trial and settlements: Understand the procedures for payment to dismiss the complaint before the trial date, distinguishing between payments made directly to the landlord versus those made to the court, and outlining the deadlines and conditions under which the case may be dismissed.
  • Documentation and verification: Properly attach all necessary documents, including Notices to Cease, Notices to Quit/Demands for Possession, and ensure that the complaint is verified by the landlord, partner, or authorized officer, attesting to the truthfulness of the information provided.

Adhering to these guidelines ensures that the Verified Complaint for Landlord Tenant disputes in New Jersey is completed with accuracy and integrity, facilitating a smoother legal process. Landlords and their representatives are advised to thoroughly review and adhere to the specifics of the form to protect their rights and interests effectively in court.

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