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Landlord Tenant Law - Eviction Defense: Unauthorized Law Practice

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A tenant can be evicted only if the landlord obeys the eviction process and if a Judge finds cause for eviction under the Anti-Eviction Act. A tenant can defeat an eviction complaint by showing the eviction process were not correctly followed, or that cause for eviction does not exist, or that the landlord has not met other duties under the law. This blog will address the defense of "Unauthorized Practice of Law"

Unauthorized Practice of Law

A Judge in Landlord Tenant Court cannot hear an eviction case if your landlord is a corporation unless the corporation is represented in court by a lawyer. The letters “Inc.” after the landlord’s name mean that it is a corporation. The corporate landlord’s case must be dismissed if someone who is not a lawyer prepared the complaint and summons.

Unfortunately, some courts may bend the court rules and allow property managers, stockholders, and others who are not lawyers to act for the corporate landlord. This is improper under New Jersey law (except that a partner in a general partnership may file papers and appear pro se). See R. 6:10 and R. 1:21-1(c). 

If you are facing an eviction, contact the Landlord Tenant Attorneys at Fazzio Law, we are in your corner!

Category: Landlord Tenant Law

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