Do you need an attorney for an eviction in New Jersey?
An attorney is a legal requirement for filing an eviction in New Jersey for properties owned by entity, such as a limited liability company or corporation. Eviction actions for real estate owned by a person do not require an attorney.
However, eviction is never as simple as serving a notice, showing up at court, and expecting a tenant to leave. New Jersey has strict tenant-protection law. Honest mistakes can result in dismissal, restarts, and in turn lost cash flow or more on-going damage to the premises.
This blog explains when a landlord needs an attorney, how court rules apply to individuals and companies, and why professional representation reduces risk, cost, and delay.
Section 1: Is an Eviction Attorney Needed to File an Eviction Case?
Whether an attorney is necessary to file an eviction case depends on whether the owner of the property is an individual or a company.
1. For regular individuals, no – an attorney is not required.
New Jersey allows natural persons and sole proprietors to file and prosecute their own eviction cases in the Special Civil Part. An individual landlord may appear pro se because they are representing only themselves, not another legal entity. This flexibility helps small landlords manage straightforward non-payment or lease-violation matters without mandatory legal fees.
2. For companies, yes – New Jersey law requires the use of an attorney.
This rule is far stricter for LLCs, corporations, partnerships, and any entity that is not a sole proprietorship. Under Rule 1:21-1(c) of the New Jersey Court Rules, an entity “shall neither appear nor file any paper in any action in any court of this State except through an attorney authorized to practice in this State”.
The Appellate Division has repeatedly affirmed this requirement.
In ABL One, LLC v. 159 Pierson, LLC, the court held that an LLC cannot appear in court without counsel, because doing so constitutes the unauthorized practice of law. Similarly, in Kornegay Construction, LLC v. University Heights Condo. Ass’n, the court vacated a judgment because a non-lawyer attempted to represent the LLC on the “DC” docket. The court emphasized that exceptions for small-claims or landlord-tenant matters are narrow and seldom apply to eviction proceedings.
This doctrine is rooted in longstanding New Jersey law. In Unger v. Landlords’ Management Corp., the court explained that only licensed attorneys may practice law, and entities may not act through non-lawyers in legal matters. The principle has been consistent for nearly a century: business entities must retain counsel to access the courts.
Because of this legal landscape, any New Jersey eviction filed by a company landlord without an attorney risks immediate dismissal.
Section 2: Benefits of Hiring an Eviction Attorney
Sometimes the better question is not whether an attorney is required – but whether an attorney is beneficial to winning your eviction case.
1. Key benefits of hiring an attorney
An eviction lawyer provides more than courtroom representation. They help landlords:
- Structure compliant Notices to Cease and Notices to Quit
- Avoid procedural mistakes that delay cases
- Prepare evidence and anticipate tenant defenses
- Navigate New Jersey’s strict Anti-Eviction Act requirements
- Follow correct filing, service, and proof standards
- Reduce exposure to claims of wrongful eviction
These protections matter because tenants may raise habitability, retaliation, discrimination, or payment-related defenses. An attorney prepares landlords for these issues before they derail the case.
2. Serving a formal letter may prevent the need for eviction.
Many tenants respond more seriously when a lawyer becomes involved. A formal attorney letter demanding compliance or payment often persuades tenants to cure violations or negotiate a voluntary move-out, which can prevent the need for litigation altogether. This early intervention saves time, money, and the stress of a court appearance.
3. Attorneys can negotiate enforceable settlements.
Evictions often resolve through consent judgments or settlement agreements that bind the tenant to vacate by a specific date. These agreements typically include “judgment triggers,” meaning that if the tenant fails to move by the agreed-upon date, the landlord automatically wins the eviction case without a contested hearing.
These settlements help landlords avoid trial uncertainty and protect their rights with enforceable terms. Without legal guidance, landlords may attempt informal side agreements that lack legal force and are difficult to enforce.
Section 3: Costs to Hire an Eviction Attorney
The cost of hiring an eviction attorney varies widely.
1. Fee models differ among attorneys.
Attorneys often offer a flat fee for non-payment eviction or simple breach-of-lease cases.
The flat fee usually covers preparing the and filing complaint, attending one court hearing, and coordinating with the tenant. Other attorneys use hourly billing, especially for complex cases involving repeated violations, tenant counterclaims, or multiple court appearances.
The right legal fee arrangement depends on case complexity, landlord’s comfort with potential additional costs, and attorney and client preference.
2. Clients typically cover filing fees and administrative costs.
Regardless of the billing model, landlords are traditionally responsible for:
- Court filing fees
- Service-of-process costs
- Shipping or courier charges
- Document-retrieval fees
- Any required transcript or enforcement costs
These expenses are standard and separate from attorney fees. Most administrative expenses apply even if a landlord proceeds without counsel