Eviction Procedure SOP
Eviction is PPM's last resort and carries significant legal risk if handled incorrectly. This SOP defines the steps from first non-payment through filing with the NJ Special Civil Part. All steps requiring legal notices must be reviewed by PPM's attorney before issuance.
Systems involved: Buildium, JustCall, Slack, Google Drive
Valid Grounds for Eviction in NJ
NJ requires just cause. The most common grounds PPM will use:
Non-payment of rent — most common; requires Pay or Quit notice first
Habitual late payment — repeated pattern (typically 3+ months in a 12-month period)
Lease violation — unauthorized occupant, pet, subletting, damage; requires Cure or Quit notice
Disorderly conduct / destruction of property
See NJ Landlord-Tenant Law — Staff Quick Reference for full list of just-cause categories.
Phase 1: Pre-Eviction Steps (Days 1–30)
Day 6+: Confirm non-payment in Buildium delinquency report. Attempt contact via JustCall (call + SMS). Log all attempts in Buildium under Residents → [Name] → Notes.
Day 10: If no payment and no arrangement, escalate to Dan via Slack #exec-decisions for authorization to proceed with legal notice.
Attorney review: Dan engages PPM's attorney to prepare the appropriate notice. Staff do not draft or issue legal notices independently.
Notice service: Attorney or authorized staff serves the notice per NJ requirements (personal service, posted notice, or certified mail depending on notice type). Log the service date and method in Buildium.
Notice Types and Cure Periods
Pay or Quit (non-payment) — tenant has until the end of the business day to pay in full or vacate. NJ does not specify a minimum cure period for non-payment; check with attorney for current practice.
Cure or Quit (lease violation) — tenant has a reasonable time to cure the violation (typically 30 days for first offense).
Unconditional Quit (disorderly conduct, destruction, drug-related) — tenant must vacate; no right to cure.
Phase 2: Filing with the Court
If the tenant does not comply with the notice:
Dan authorizes filing. Attorney files a Complaint for Possession with the NJ Special Civil Part in the county where the property is located.
Court issues a summons scheduling a hearing (typically 10–14 days after filing).
Summons must be served on the tenant by a court officer or by certified mail, depending on county practice.
PPM's attorney represents PPM at the hearing. Staff attendance is typically not required unless the attorney requests it.
Phase 3: Judgment and Lockout
If PPM wins, the court issues a Judgment for Possession.
A Warrant of Removal is then issued — this authorizes the actual lockout.
The lockout is executed by a court-appointed officer (Special Civil Part officer or county sheriff). PPM staff are present but do not perform the lockout themselves.
Tenant's belongings are handled per NJ abandoned property law — consult attorney for requirements.
After lockout, document the unit condition with photos immediately. Log in Buildium and notify the owner.
Prohibited Actions — Never Do These
Change locks while the tenant is still in possession
Remove tenant's belongings without a court order
Shut off utilities to force a tenant out
Threaten, harass, or intimidate a tenant
Accept partial rent after filing — this can invalidate the eviction proceeding
Any of these actions constitute an illegal self-help eviction under NJ law and expose PPM to treble damages and attorney's fees.
Documentation Requirements
Throughout every eviction, maintain a complete record in Buildium (Resident Notes) and Google Drive:
All contact attempts with dates, times, and outcomes
Copies of all notices served
Proof of service for each notice
Court filings and hearing dates
Final judgment and warrant of removal
Post-lockout photos and condition report