Tenant won't move out

[David Richard]

I just closed on my first property. I'm buying it as a primary residence and the tenant there recieved 60 days notice from the previous owner to vacate the place... the tenant is not complying and I feel she will probably stay there long term. She verbalize that she will stay there for another 6 months and the family has indicated that if i gave them 30K they will vacate the place immediately... being my first property in a two family home I would like any advice you guys have. The tenant has also stated that she did recieve the 60 day notice but would want a letter from me as well. What should I do? This is in New Jersey. Thanks!

[Mark F.]

While he might have the best of intentions, please be weary of out of state advice who are not familiar with NJ laws. They are always incorrect due to NJs weird landlord tenant laws.. This PDF at the bottom from NJ will help you.

In NJ you can only evict someone for 19 specific reasons and lease expiration is NOT  one of them. But luckily in your case, an owner planning to occupy the property is. Click link below and on page 76 it details what you need to do.

I am not a lawyer and this is not legal advice. There are steps you must take within certain time frames as you can see and I won't go into it. The seller must also play a small part. In my experience and how its been explained to me, I assume you're using owner occupied financing, if you do not move into the place with 60 days and its because the tenant is breaking the law you are fine. If you read the legal language it states you must plan to. If a major life event happens or obviously if someone isn't willing to comply with the law its out of your control.

This is what I would do in your shoes. I would show her this PDF. Show her specifically where it states this is grounds for eviction and id tell her I will follow these steps. The problem is NJ eviction courts are closed until who knows how long. So you'd be paying for a home mortgage and not occupying it, and I assume not collecting rent. Good luck.

https://www.google.com/url?sa=...