New Jersey Tenant Consistently Late on Rent, Missing Rent and Now Unresponsive

New Jersey Tenant Consistently Late on Rent, Missing Rent and Now Unresponsive

Union City, NJ · Member since 2017 · 28 posts · 11 votes

Hello BP,

I'm currently house-hacking a 2-family property in the Hudson County area. I bought the home just over two years ago when interest rates were at an all-time low. When I purchased the house, the second unit was already occupied, and I decided to keep the tenant.

The tenant has been living there for the past 3 years and had not missed a rent payment until a few months ago. Since April of this year, they have consistently been paying rent late in partial payments. They typically communicate that they will be late and do end up paying the full rent plus the late fee by the end of each month.

Unfortunately, we've reached a point this month where they submitted a partial payment at the beginning of the month and have now become unresponsive and have not paid the monthly balance. I've tried reaching out to the tenant multiple times but have not heard a word from them over the past week. They are on a year lease that expires in December.

This is my first property and first time dealing with this issue. Experienced NJ landlords, how would you handle this? Would you recommend getting an attorney? I'd prefer not to go through the eviction process, but their lack of responsiveness leaves me no choice.

Thanks in advance for your help!

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Real Estate Investor · Burlington, VT · Member since 2010 · 2k+ posts · 1k+ votes
2y

@Daljit S.  Sorry to hear.  Although I'm not based in NJ, I would still recommend getting the initial paperwork going.  Typically a Notice to Pay or Quit (the wording may vary by state).  

That at least serves notice and gets the clock moving.  Many times they will respond.  If they don't, hire an attorney.  It's money well spent.  

Good luck!

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  • Real Estate Investor · Burlington, VT · Member since 2010 · 2k+ posts · 1k+ votes
    2y

    @Daljit S.  Sorry to hear.  Although I'm not based in NJ, I would still recommend getting the initial paperwork going.  Typically a Notice to Pay or Quit (the wording may vary by state).  

    That at least serves notice and gets the clock moving.  Many times they will respond.  If they don't, hire an attorney.  It's money well spent.  

    Good luck!

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y

    Yeah, what a bummer...but part of our business. It is a business, so run it like one, as @Tom S. said, start the process and follow through.

    Unfortunately you're in a Blue state so this will be more difficult for you, so yes get a lawyer if they don't respond immediately to your 'pay or quit' notice.

    Don't take any more partial payments, that will delay your case!

  • Investor · Northern NJ · Member since 2022 · 30 posts · 7 votes
    2y

    Have you had a conversation with your tenant? Is he going through a financial difficulty and that is why he is late with the payment? Good news is that he historically has paid on time and when late, paid the prior months + the penalty. I would definitely make sure I understood his situation before starting the eviction process.

  • Passaic, NJ · Member since 2024 · 26 posts · 17 votes
    2y

    @Daljit S., I'm sorry you are going through this, it's really tough!

    I highly recommend you start the process. From our experience, when an established process is consistently followed, the tenants take it seriously and respond. As others have said, this is a business and needs to be run like one.

    At Keyrenter North Jersey Property Management, we follow an established process for rent collection. If rent isn't paid following a 5 day grace period we post a late fee, followed by serving an Immediate Notice To Quit For Non-Payment, and then contacting our attorney to begin the eviction process. In our experience (Keyrenter has the lowest eviction rate in the industry, at .03% nationwide!), we rarely need to evict, and one of the reasons for that (other than a consistent 21-point tenant screening process) is that once the tenant recognizes that you are serious and have a consistent process in place they respond in one way or another.

    One more thing - I suggest you don't accept partial payments, as this can delay the process as well.

    Feel free to reach out if you have additional questions or if I can assist in any way!

  • Adam BartomeoBusiness Member
    Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes
    2y

    Trying to contact them through all methods of communication is the first step - call, text, email, knock on the door, etc. Consistent attempts through multiple channels goes a long way. Second step is to post the notice - this often gets their attention and prompts communication as we tape it on their front door. Being that you accepted some of the rent if you go to court there is a high probability that you will have to wait until the next month. The courts often view accepting ANY rent as rent being paid. 

  • Union City, NJ · Member since 2017 · 28 posts · 11 votes
    2y

    Thank you all for you advice! Based on what I'm hearing, I'm going to try to reach out to them one last and final time, they've been unresponsive for a week. If I don't hear back, I will work with an attorney to start the eviction process. They've partially paid rent last month but I have not received anything this month from them and won't accept any partial payments for August. 

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    2y

    @Daljit S. you have a lot to learn!

    Does NOT matter what their excuse is, start the clock by sending them an eviction notice!!!!

    If they respond, you can try to work something out with TIME LIMITS.

    If they don't respond - what does that tell you?

    What does being nice get you when dealing with desperate people?

  • Peter TverdovBusiness Member
    Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
    2y
    Quote from @Daljit S.:

    Hello BP,

    I'm currently house-hacking a 2-family property in the Hudson County area. I bought the home just over two years ago when interest rates were at an all-time low. When I purchased the house, the second unit was already occupied, and I decided to keep the tenant.

    The tenant has been living there for the past 3 years and had not missed a rent payment until a few months ago. Since April of this year, they have consistently been paying rent late in partial payments. They typically communicate that they will be late and do end up paying the full rent plus the late fee by the end of each month.

    Unfortunately, we've reached a point this month where they submitted a partial payment at the beginning of the month and have now become unresponsive and have not paid the monthly balance. I've tried reaching out to the tenant multiple times but have not heard a word from them over the past week. They are on a year lease that expires in December.

    This is my first property and first time dealing with this issue. Experienced NJ landlords, how would you handle this? Would you recommend getting an attorney? I'd prefer not to go through the eviction process, but their lack of responsiveness leaves me no choice.

    Thanks in advance for your help!


     Evict, like yesterday. You live in Hudson County which is one of the longest eviction court time lines in NJ. You're looking at 4-5 months if you file NOW. So file. That's what we do as a property management company every time. You have bills to pay, it's sad that they have issues but it's not your concern and your bank damn sure doesn't care. 

  • Peter TverdovBusiness Member
    Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
    2y
    Quote from @Daljit S.:

    Thank you all for you advice! Based on what I'm hearing, I'm going to try to reach out to them one last and final time, they've been unresponsive for a week. If I don't hear back, I will work with an attorney to start the eviction process. They've partially paid rent last month but I have not received anything this month from them and won't accept any partial payments for August. 


     File anyway. Doesn't matter if they answer you or not. Many people tell us they will pay just to buy time. It will turn into 2 more weeks and you will run back to this forum asking for more advice. File buddy and get an attorney to do it, not you. If you miss one t or don't dot one I in NJ, it's thrown out. 

  • Union City, NJ · Member since 2017 · 28 posts · 11 votes
    2y

    Thank you everyone for the tough love. I've hired an attorney and have begun the eviction process! Hopefully we can get this sorted out as soon as possible. 

  • Real Estate Agent · Kansas City · Member since 2018 · 4k+ posts · 3k+ votes
    2y

    Great advice above. Fun part of real estate, best of luck on getting them out and filling it in again :)

  • Union City, NJ · Member since 2017 · 28 posts · 11 votes
    2y

    Hi all - Thank you for all the help, a few quick questions:

    I have the court date set for late October (done through the attorney). Once the court case commences and assuming it is in my favor, what would the next steps be? Can the tenant be removed immediately after? The tenants lease also ends in December, the court date seems to be cutting it close. What is the likelihood of it not going in my favor? 

    Also,The tenant doesn't check his mail regularly, so I'm concerned he's unaware of the court date. Should I notify him directly, or is it his responsibility to stay informed? or leave as is and if he no-shows to the case, that's on him? 

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