NJ Eivction landlord experience

[Joe Leung]

Hi all,

I have few properties in New Jersey for few years.  I realized the passive income is not really a passive income as the tenant call you for repairs- the fence, leaking basement, driveway crack, dishwasher, water heater broken, central air, HVAC, install new door lock, pass inspection, to clean up the house after tenant move out etc etc etc.   I feel like this is so much work but I still enjoy doing that until...........

I have a tenant was behind the rent.  He used to have a good job and pay very on time.  Ever since he lost his job 2 years ago the rent started behind.  He has been trying to pay but he just couldn't keep up.  I arranged with him to pay weekly but he still couldn't keep up.  I have to keep tracking his rent balance constantly and he always text me about his family problems-wife fracture, son sick, car accident, mother in nursing home, father in hospital....  I started to get very tired of his problem and I am not his family therapist.  Few weeks ago I asked him to pay the rent for the rest of the month and he text me back that he will pay me only when he has money.   He didn't give me the date. So I told him if he doesn't pay at the end of the day then I will file for eviction for non-payment.  He was very upset blaming me putting his children in danger and made his family homeless. 

In New Jersey, I don't need to have Notice for Non-payment.  Ever since then I couldn't sleep.  I'm feeling very panicky everyday since. This is my first tenant doesn't pay me.  I'm so worries that he may damage my house, he may countersue me, the court may extend his stay for 6 months or more as he has 2 children under 18 and he is on disability. 

The more I read about the New Jersey Landlord/Tenant Law the more I realize NJ is tenant friendly state.  I'm afraid the court may dismiss my eviction case because I accept $200 of $2000.00 (prior I file for eviction) as partial rent so this is not consider as NON-PAYMENT, or the court said the tenant is Habitual Late Payment that I should send him Notice to Cease first.  Or maybe the court give them 6 months or more because he is using  "HARDSHIP" as a reason.  The lease will end in a month and New Jersey tenant does not have to move out at the end of the lease.  Landlord must allowed tenant to renew the lease unless there is a good cause.  the good cause is non payment but then what if I don't win the eviction or the tenant paid me on the eviction date then the good cause (non payment) can not be used to terminate the lease.  Tenant doesn't pay the rent is the worst nightmare for the landlord especially the law is on tenant side.  I have mortgage, insurance, repair bills to pay but I can't eviction them instantly, and letting them destroy the house and living for free.

Has anyone experience this kind of stress before?  Is this mean I have to suffer 6 months no rent, eviction file after file, clean up the house and repair the damage?  Where is the justice?  I really couldn't afford the mortgage.  Can anyone give me some idea what I should do?

Thank you