My landlord is trying to evict me, can I just leave?

Question

My fiance and I were served with papers saying that our landlord was starting the eviction processes for non-payment of rent for... 4 months of rent we already paid. They're saying we owe $2500 of money we have already paid them. We have the receipts, copies of cashed checks, etc and will most likely win the case in court Sept 4th, 2008.

HOWEVER, we've decided that this is the last straw and just want to leave. Does starting this eviction process negate our lease? Can we just leave and tell them to s***w themselves? We live in New Jersey and I can't find any information on our case and what can be done.

Answer 1

No you cannot just leave. New Jersey is different from most states in that the landlord is not required to serve you with a pay or quit notice. Had you been served with such a notice, you would have the choice to either pay or quit, which would stop the eviction. Not the case in NJ.

You should stay and defend yourself against the landlord. Show the judge what an idiot the landlord is by proving all of his claims are false.

You can counter-sue for any damages. Attorneys fees depend on the wording in your lease.

If you successfully defend your case and win, you cannot be held liable for the landlord's attorney fees.

If you lose, the judge can award the attorney fees to the landlord as part of the judgment.

Answer 2

No, starting the eviction process does not negate the lease.  If you ignore this suit and just leave you may very well expect it to be followed down the road by a small claims suit for monies owed and with the eviction already having occurred you will have a much tougher time proving you are in the right.

If they just want you gone (whether you paid the money or not) I'd call them up and suggest you both sign an agreement voiding the lease and stating that you will leave by such and such date, in return for them agreeing that you owe them not further money.  If they are unwilling to sign this, just go to court and defend yourself - if you have all the proof you state then you should win this (somewhat bizarre) case, no problem.

Answer 3

No, it does not. They will go to court and if you are not there with your receipts to defend yourself they will win and you'll be gone and still owe four months rent which they will have a judgement for and garnish your wages and clear out your bank account.

However, if it was me I'd move and countersue for moving expenses. Go to the courthouse and see how to do this so the hearing can be the same day.

Answer 4

Well, the problem is that if you don't show up in court, the landlord will win  by default.  This will go on your credit as a Civil Case, and will stay on your credit report for 7 years.  Any time anyone runs your credit report, this will show up.  You will have higher interest rates for insurance, credit cards etc...It is a little confusing to me...did they really lose your payments?  Did you pay your rent late?  In that case, is the $2,500 for lost rent and late fees, rather than the money you already paid?  I just don't understand if you have all the proof you say you have, why you wouldn't go to court and fight it.  After that, stay until the end of your lease, and move out.

EDIT:  The extra $100 may be for late fees.  And yes, I would sue to recover attorneys fees.

Answer 5

They have filed for eviction which means they technically want you out, so yes you would be able to. However is there a security deposit involved or perhaps bills that need to be taken out of your name and back into the landlords. I would suggest waiting until the court date, proving your case and telling the judge that you have had enough and want to leave that way the eviction does not go against your record. Eviction history does come up and you do not want that when you apply for a new home. I hope this helped -Adam

Answer 6

It all depends on your lease.  you got proof thats all that matters.  check this out..http://search.yahoo.com/search?p=New+Jer...