Eviction or Ejectment? Removing Illegal Occupants in New Jersey
The term “eviction” is one most are familiar with and understand as a process through which a landlord removes a tenant from a property they own for a specified reason, such as nonpayment of rent or other violation of a lease agreement. Another situation that may be less well known, however, is one where a person is the owner, lawful occupant, or tenant of a property and their legal possession is being interrupted by another with no right to be on the property. In other words, the person is trespassing. In such unfortunate circumstances, in New Jersey, one may file what is called an “ejectment action,” which is a formal process through the courts allowing a person to obtain a “writ of possession” for their property. A “writ of possession” is a court order which directs the county Sheriff to remove the trespasser. Ejectment is only an avenue for relief when the landlord/tenant relationship does not exist between the parties.
If you have questions about filing an ejectment action in New Jersey, or any other legal inquiry, contact us at [email protected].