How best to evict this tentant in New Jersey?

Question

My parents rented out the first floor of their bi level house in New Jersey to a horrible tenant and now they have asked my help in evicting this squatter. My parents did not make him sign any lease and only took cash payments (not very smart I know). I wonder if this will help or hurt us in the eviction process?

For the first couple of months, he was fine but then he started becoming delinquent in his rent (either paying late or paying partially). This has been going on now for 3 months at least.

Only now have my parents finally had it and they are wondering how best to go about removing him.

According to my state regulations shown here, it looks like we are not required to serve him "pay or vacate" notice right? We are reluctant to do that because he might just pay for that month and become delinquent again soon after. We have to come to realize that he is a bad apple and want him out.

If we opt for "cash for keys", how much do you recommend we offer? Does 2 months rent (plus forgiveness of all debts) seem too high?

Do we need to go the  If you think we should get an attorney, could you please recommend one whose rates are reasonable?

Thanks.

Jim Vanhorn · Answer

@Jehan Jaleel I am not an attorney and i have not had to evict anyone yet. (thats because i screen applicants hard) but heres what i think i would do.

Immediately file eviction but explain to the tenant that you will drop the eviction if full back and current rent is paid before the court date. If they do not pay then move forward with the courts... if they do pay immediately after cleared payment hit them with a 30 day non renewal notice since they are m2m without a written lease. this way they are out either way.

I would use this strategy so hopefully they pay up to avoid the exiction. but then the 30 day notice will then get the headache out.

once they are out screen future applicants. 600 credit, 3x rent income, facebook/linkedin, credit/background check, past landlord ect. Do not take the first person to wave cash around!

Johann Jells · Answer

@Drew Slew  I doubt you can get compliant with JC regs on running a rooming house, they are pretty uptight about that stuff! Lawyer up, get it vacant, and rent it as a single unit. Let the tenants figure out the roommate situation, not you.  Perhaps a little less lucrative, but less risky, as you've found out. You don't want tenants to be able to blackmail you with threats to call the city. That can bad enough without your kind of exposure.

PJ M. · Answer

@Drew Slew if you're in the process of getting an attorney, follow their advice.  Getting the proper permits can't hut, especially if you plan on continuing to rent rooms after getting these tenants out.  It sounds like you might have some tenants who know the system better than you do.  That's a recipe for disaster.  Let the lawyer guide you through the process.  Ask questions and learn everything you can from them while this is going on.  It will help in the future.

Fasil Khan · Answer

@Jehan Jaleel hire an attorney and start the eviction process with the courts since this can take time and you can at least get the process started. Also, I would either find topics on Bigger Pockets to screen tenants if you have the time or hire a professional real estate agent to handle the tenant search. What I notice if tenants that are willing to pay the realtor fee tend to be more professional and better tenants.

Johann Jells · Answer

I'm having a tough time following the reasoning for #2, why do you need to have them sign a lease? If, as it seems, the situation more resembles a falling out among 'non lease signing roommates', since the owner is a resident, I don't see why they can't just be told to take a hike. They don't get eviction protection in any scenario I see. Why would they sign a month to month lease if it just means they're going to get evicted?

Drew Slew · Answer

@Johann Jells after talking w lawyers/property managers it seems these room rental tenants can easily be evicted:

- this is an owner occupied unit (landlord lives in 1 room), so he can send Notice to Quit to anyone anytime and have them out in 30days. One reason it seems cannot be countered is simply: sorry guys, i decided i dont want tenants in my unit anymore and will occupy all rooms from next month.

- put all 3 room tenants under 1 lease so all the "illegality" and the rooming house question disappears: now its a legal lease that has 3-4 tenants on it sharing one unit. Not roommate lease, one single lease w everyone on it, or one person on it and they divvy up the rent. Have them sign this, then asap evict all of them or serve them a notice to quit - because it will still be owner occupied and again owner decided he will actually now live in all the rooms.

Or is there something I am missing?

Johann Jells · Answer

@Drew Slew

Seems to me you have grounds for eviction according to this excerpt from the state guide https://www.state.nj.us/dca/divisions/codes/public...  pp29.  I'd still see a lawyer.

CAUSES FOR EVICTION

G. (2) A LANDLORD OR OWNER HAS BEEN CITED FOR VIOLATIONS OF LOCAL OR STATE CODES AND IT IS NOT FEASIBLE TO REMEDY THE CONDITIONS WITHOUT REMOVING THE TENANTS. An eviction action may be filed three (3) months after a written Notice to Quit. No warrant for possession will be issued until the requirements of the Relocation Laws have been met. In addition, the landlord must give notice to the Department of Community Affairs, Landlord-Tenant Information Service, Post Office Box 805, Trenton, NJ 08625-0805, so that the Department may prepare a report advising the court and the parties as to the feasibility of remedying the conditions without removing the tenants.

Also keep in mind than in NJ if they show up to eviction court without the back rent they're out, simple as that, no matter what they're complaints are. You should be filing both kinds of eviction proceedings, nonpayment and the kind referenced above.

Drew Slew · Answer

@PJ McLaughlin @ thanks a lot. yes, state confirmed it is a rooming house, so now im in a mini catch 22. i have grounds for eviction, as none of 2 rooms' tenants didnt pay march rent by the 5th (latest date in the lease), but on the other hand we dont have a rooming house license/permit.

To my understanding, i either get a permit, and then evict, or do both at the same time (not sure how that would work, as one is slower process than the other), or just pay the fine for not having a permit if anyeone ever comes out to check, or just offer cash for keys.

Drew Slew · Answer

Similar situation here, but in a rougher spot, any advice appreciate, already hiring an attorney. We rent 3 rooms out of 4 on our 2nd floor in a 2 family where owner occupies 1 room, guy moved in Feb 1 signed lease, his nephew moved in March 1 didnt sign lease but paid march rent prior to moving in. Now trying to evict both of them, as March 5th is the deadline. They are trying to pull all kind of illegal room rental accusations, no CO detectors (now installed), unsafe living environment accusations (heat wasnt working properly for a few weeks).

Not sure if we as landlord should quickly get all the permits (noone seems to know whats needed on room rentals w owner occupied in Jersey City), quickly fix HVAC again, get fire/smoke safety certificate or whatever else is needed.

Johann Jells · Answer

It being month to month makes it easy, the NJ anti-eviction statute does not apply in owner occupied <4U. Give notice of terminating the MtM lease and start eviction at the same time based on the record of chronic late payment. That way you don't need to wait till they fail to leave. I've represented myself a couple of times, it's not a big deal, and NJ housing courts are not sympathetic to deadbeats. If they turn up at court without the back rent they're out, plain and simple. No stories of poor maintenance or vermin will be entertained.

@Jehan Jaleel help your parents screen and run credit next time.

How best to evict this tentant in New Jersey?

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