New Jersey - Hold Over Tenants

[Dave Sulvetta]

Hello -  

Thank you in advance for your experienced assistance. I have just put a rental property under contract for sale, and I have a few questions in which I put in bullet point scenario below. 

MONTH TO MONTH LEASE

1. Landlord wishes to sell property and discusses with the tenants (3 on the lease). Landlord does have good reason to sell.

2. After discussion, the tenants are willfully in agreement to move, (verbal, then text message agreement from tenant) 

3. Landlord puts the home on the active real estate market and tenants willfully allow landlord to show the home to perspective buyers. 

4. Tenants show no sign of disagreement and DO agree that they will be out on time if buyer is obtained and closing date is secured. 

3. Buyer for rental property obtained. 

4. Landlord has delivered via certified return receipt mail a letter to end lease and given 60 days notice for tenant to vacate.

5. Tenants agree to move out on a certain date

6. Closing is 11 days away and show no signs of leaving. When landlord goes to get the home ready for the Cert OF Occ inspection, tenants allow landlord entranceand there are no signs of tenants leaving (no boxes, no packing starting etc)

Note - during the entire process, there was no indication of resistance from tenants. In fact everything was smooth.

If tenants decide to be hold over, what are the landlords rights? When can eviction begin? Can the landlord double the rent? Experienced landlords, what would you do in this situation? Landlord just really prefers tenants to leave and to sell the property.

Thank you for your time and experienced answers. 

[John Underwood]

Some people are last minute planners.

They may only have a couple days available from when new lease starts and your closing date.

Ask them if they have a new lease and when it starts? 

Don't be afraid to have a conversation.