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Asked in Linden, NJ Mar. 18, 2020 ,  1 answers Visitors: 6
COVID-19 and eviction protection of those living as permanent residents in NJ.

1 Answers

Anonymous
Reply

Posted on / Mar. 24, 2020 00:07:05

Normally, guests of hotels/motels are not protected the way tenants are under New Jersey law. However, there is caselaw that indicates that under certain circumstances, someone staying in a hotel/motel long-term is protected by the Anti-Eviction Act. Those circumstances include: length of stay in excess of 3 months; no other place to live, so hotel/motel is your primary residence and whether the hotel/motel operators knew, or should have known, that you were not just a short term guest, among others. If these apply to your situation, you may very well be considered a tenant and would be protected from unilateral lockout under the Anti-Eviction Act. That means that the “landlord” (hotel/motel) must first file an eviction complaint based on one of the 19 statutory causes for termination of the tenancy. If you are locked out before that is done and you have had your day in court, that is an illegal self-help eviction and you should call the local police immediately. The police will come and explain to the hotel/motel management that possession of your room must be restored to you immediately and that they must wait to file an eviction complaint and wait for a judgment allowing them to remove you before locking you out again. Therefore, the moratorium on evictions due to the global pandemic would protect you from being removed from your room at this time.

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