How many months behind in rent do you have to be before the landlord can file for an eviction? Can she file due to non payment of security deposit? Currently I am not a months behind I have given her 200 dollars and still owe her 400 but it will take awhile before she gets that. When I let her know is when she said she would be filing for an eviction. And is there any laws against her evicting me considering i have two small children? Please help

There are no laws that say that a landlord cannot evict a family with children. Families with children are expected to pay their rent on time, the same as everyone else.

She can file for eviction as soon as you breach the terms of payment in your lease.

Okay my dog could have told me that. That was no help at all.

That remark was totally uncalled for.

I don't what you're expecting to hear. As soon as you breach the terms of your lease by not paying rent, the landlord can initiate eviction proceedings. It's not a matter of how many months do you have. It's a matter of what your lease says. Clearly, cats are smarter than dogs, because my cats know that.

See below from the New Jersey Anti-Eviction Act.

The person fails to pay rent due and owing under the lease whether the same be oral or written; provided that, for the purposes of this section, any portion of rent unpaid by a tenant to a landlord but utilized by the tenant to continue utility service to the rental premises after receiving notice from an electric, gas, water or sewer public utility that such service was in danger of discontinuance based on nonpayment by the landlord, shall not be deemed to be unpaid rent.

There is no timeframe specified. The landlord will have to provide you with the requisite notice as specified by law, and you may be able to stave off the eviction by bringing the rent current, but the landlord can start proceedings as soon as you breach the lease.

Sorry if this seems harsh, but its not your landlords fault that you have 3 kids. Get a jump on your rent by disconnecting your phone, cable and internet service.