Evicting tenant who's made partial payments. Do I need to give them 30 day notice?

[Steve R.]

Hello,

I have a tenant that has made partial payments in the last 3 months and I want to begin the eviction process. Law websites like nolo and others have said if the tenant in NJ has made partial payments then you have to give them 30-day notice before you begin the eviction process. I've spoken to a few local attorneys and they have never heard of that. Anyone know what the law is in New Jersey?

I wanted to begin the eviction process ASAP but don't want to wait a month for a court date and find out that it was done incorrectly.

thanks for any input

[Patricia Steiner]

You have to know your state landlord-tenant laws; they are on the internet:

"In New Jersey, a landlord may need to give a 30-day notice to pay rent before eviction if the tenant has a history of late payments and the landlord accepts them. However, the landlord may not need to give notice if they don't have a history of accepting late rent."  (End)

So if the tenant is delinquent, you can begin the eviction process via the normal notice process to the tenant.  If this is simply you not wanting to accept partial payments and the rent is current, stop accepting it - and send a Lease Violation/Notice of Quit for Non-Payment of Rent - and force the full rent to be paid per the lease or start eviction.  

Bottom line: the tenant doesn't get to decide how to pay you. They agreed to pay in accordance to the lease and failure to manage to the lease is the #1 reason why landlords fail (Source: American Apartment Owners Assn).

Cowboy up and stop having the tenant control your ROI.

Best.