A landlord often just wants the tenant out and move on with looking for a new tenant. However, if the tenant is able to bring all the money owed on the complaint to court on the date of the hearing the landlord must accept and cannot move for a warrant of removal. I was recently faced with this situation.
The solution that I provided my client with is to accept the money, however, on the Order have a stipulation that if rent is not paid timely for a period of time (either one or two months) the landlord can directly move for a warrant of removal. This way the landlord feels that they have a tangible document that protects their interests.
If there is a breach in the lease by the tenant for non-payment the landlord don’t have to file another complaint and wait for another date only to have the tenant show up with the money once again.
In addition, the tenant knows that they have to abide by the lease agreement otherwise the landlord does not have to provide notice upon non-payment and can move forward with a warrant of removal upon the breach of the Order that was signed by a Superior Court Judge.
If you are a landlord that needs legal representation in this area call or email the Law Offices of Chirag D. Mehta, LLC at (201) 688-0667 or email at Chirag@mycdmlaw.com.