Tenant not paid rent, step for eviction

[Noyessie Hubert]

Hi,

I accepted a tenant at the beginning of December. Here security deposit and most of the first month's rent are supposed to be paid by NJ Victims of Crimes.

Fast forward now:

- she did not pay her rent of January. Keep telling me a sob story about her paycheck getting sent to the previous address ( that was 18 days now, not corrected ).

- still did not receive the check from the NJ Victims of Crimes office.

At this point, I want to file for eviction at the end of the month if she delays the event by 1 day to pay her entire rent ( January and February).

My question to you professional is, should I inform her of that decision in advance? Something like: "Know that if you don't pay your full rent by the 01, I will file for eviction".

Or should I just wait and if she passes the 01th, file for eviction?

Lease: I used the lease provided by the Bigger Pockets podcast. 

[Patricia Steiner]

Please - do this today: Send her a Notice To Quit for Non-Payment of Rent; you will need to send this to her via USPS with proof of delivery required so you can use it in any legal proceeding. You can also post the Notice on the door in a sealed white envelope with her name on it and marked Confidential. Give your state's 'cure' term ("In New Jersey, a tenant has three business days to pay rent and court costs after a judgment of possession is issued to avoid eviction. The tenant must pay the full amount owed to avoid eviction, even if the judge ruled in favor of the landlord.").  

If you received notice/confirmation that rent was to be paid by the NJ VCCO, you can contact them directly at (877) 658-2221.  You may find that the payment was made directly to the tenant; you may find it has not yet been funded.  What you can do is let them know that you can no longer subsidize the tenant and that you're preparing to start the eviction process.

You don't need an attorney to tell you that you are running a business - not a social services organization.  The #1 reason that Landlords fail, according to the American Apartment Owners' Association, is the landlord's failure to manage to the lease.  

By letting the tenant know that while you hate what happened to her and the position it has put her in, you are not the right vehicle/organization to subsidize her.  Recommend that she contact the state's rental assistance program, the victims' assistance program, and make other arrangements to pay or vacation within three days to find more suitable housing - like Section 8.

Run your business - or risk having the tenant ruin it.