Property Vacated, But Tenants Family Members Still There?

[Rafael Norat]

BP Community,

I preface this by saying I am consulting with my attorney (waiting on callback) and will discuss with local police tomorrow, but wanted to ask in the forum in case someone has been in this situation.

My current tenants, who are month to month, have moved out with January rent past due. While they are gone, there family members have stayed and are requesting that they be allowed to pay January rent and take over the lease. I have not spoken with them directly. This information has been relayed through the tenant. I have told the tenant they must move out and re-apply. The tenant also left without leaving my keys as well.

Do I have to go through the normal eviction process if the current occupants who are not listed on the lease refuse to leave? Or can I simply have them removed by police if they refuse to leave?

Thanks for any suggestions. I am traveling there tomorrow to address.

Rafael

[Marc Reno]

Rafael,

I have inherited new tenants in this very situation a few times and have actually had positive experiences. I'm guessing you are planning to keep the unit as a rental and not sell it....in which case I would say to meet with the occupants, inspect the unit, and collect new applications. If the unit is in good repair and applicants have solid income, lets keep them in place! No lost rent, no vacancy liability, no turn key rehab expenses. Win Win Win!

However if don't think they will meet your requirements my guess is you will have to serve them notice, probably a 30 day (Im in Michigan so not sure how it works in NJ) and start eviction. Smart to call attorney for sure. Best of luck