I think we all know that the process to evict a tenant is fraught with challenges. Knowing when and how to properly evict a tenant are crucial knowledge every landlord needs in order to be successful.
Tenant-friendly states such as New Jersey, where I do business, are especially complicated. There are numerous laws designed to protect the tenant such as the NJ Rent Security Act, Fair Housing Act and the NJ Landlord Registration Act.
I wanted to take a closer look at the legal ways to evict a tenant in NJ. This article will help my readers understand the many ways to legally get rid of a bad tenant.
This article focuses on the legal reasons you can evict a tenant in New Jersey, but the principals are relevant to many tenant-friendly states although the specific requirements will vary.
In Part 1 of this 3-part series, I highlighted 3 quirky eviction laws that every New Jersey landlord should know and how to avoid potential problems.
In Part 2 of the series, this article will show you:
- The only 17 legal ways you can evict a tenant in New Jersey (similar laws apply in many other tenant-friendly states)
- What types of notices and when you need to give them for each legal reason
- Tips to ensure compliance and things to watch out for when dealing with evictions
Finally, in Part 3 of the series, I will wrap it up with a complete overview of the NJ eviction process from start to finish along with tips to winning your court case.
17 Legal Ways To Evict A Tenant In NJ
You can’t evict a tenant in New Jersey simply because you don’t want them in your house anymore. A tenant can only be lawfully evicted under NJ eviction laws for “Good Cause.”
New Jersey is generally very strict as to what is an acceptable cause for eviction. What may seem like common sense or is allowable in many other states may not legally fly here in NJ. However, NJ landlords are not completely without recourse when it comes to evictions.
The following are considered “Good Causes” to evict a tenant under NJ eviction laws (2A:18-61.1).
A – Failure to Pay Rent
This is the only “Good Cause” that generally doesn’t require at least one form of notice or warning to a tenant before action can be taken. However, note your lease terms. It might be unreasonable to begin evictions before the grace period has ended.
- Immediate action allowed
- No notice required, unless federally subsidized (14 day notice required)
- NJ Quirk – If you (the landlord) are responsible for utilities, a tenant may use the rent to pay the utility bill you didn’t pay. This is considered a form of rent payment under the eyes of the law and you cannot evict under the “Failure To Pay” provision. See the 3rd Quirky NJ Eviction Laws for more details.
B – Disorderly Conduct
This applies to tenants that are disturbing the peace and quiet of others including other tenants and neighbors.
- You must first serve a Notice To Quit
- If the disorderly conduct continues after 3 days of serving notice, an eviction proceeding may begin
C – Damage or Destruction of Property
Intentional or grossly negligent conduct that results in damage to the property is considered Good Cause for eviction under NJ eviction laws.
- You must first serve a Notice To Quit
- An eviction can be filed after 3 days of serving Notice To Quit
- Requires the landlord to prove that (1) damage occurred and (2) that it was caused by the tenant’s willfulness or gross negligence. Simple negligence won’t cut it in court.
D – Substantial Violation of Landlord Rules and Regulations
You can evict a tenant who is violating a substantial lease provision or rule (e.g, a No Pet Clause).
- Rules must be in the lease or accepted by the tenant in writing
- Applicable rules must be considered ‘reasonable’
- Notice To Cease must be served before the start of the next month
- If the violation continues, then the Notice to Quit can be served
- Notice To Quit must be served at least one month prior to filing for eviction
- Notices must specify the “who, what, when and where” of the violations. It is not sufficient to state the tenant violated the No Pets rule.
E – Violation of Lease Covenants
A lease covenant is simply an obligation of the landlord or tenant specified in the lease. These usually take the form of “Tenant agrees to…”.
- Notice To Cease must be served before a Notice To Quit
- Requires the landlord to have reserved a “Right of Re-entry” in the lease
- Notice to Quit must be served at least one month prior to filing for eviction
- Federal regulations may apply if the housing is public and the violation pertains to controlled substances. Right of Re-entry clause may not be required if this is the case.
F – Failure to Pay Rent Increases
Your tenant is obligated to pay reasonable rent increases. This provision is often used to evict a paying tenant who refuses to leave. As long as you serve proper notice and the rent increase is lawful and “conscionable” then they must pay. If they refuse, you can evict them.
- Requires proper notice of rent increase (N.J.S.A. 2A:18-61.2)
- Notice to Quit must be served at least one month prior to filing for eviction
- Rent increase must not be “unconscionable” and comply with all applicable state/local laws including rent control laws.
- NJ Quirk – Tenants may withhold the extra rent increase amount if they feel it is unconscionable. The landlord would then have to file for eviction and let the judge determine if the rent increase is conscionable or not. See Quirky NJ Eviction Laws for more details.
G – Health/Safety Violation and Removal From Rental Market
This a complicated section of New Jersey eviction law with substantial monetary obligations for landlords. Generally, you may evict a tenant under this provision when you have been cited for substantial violations of State/Local health codes and any of the below apply:
- The property needs to be demolished because it isn’t economical to bring it up to code
- It is not possible to bring the rental up to code with the tenant living there
- You need to correct an illegal occupancy
- Notice to Quit must be served 3 months prior to filing for eviction.
- Tenants may be eligible for relocation assistance. No eviction will be granted until the relocation assistance is paid.
- If evicted under #2 (bringing the property up to code), The Department of Community Affairs must determine if the repairs are not possible with the tenant living in the property
- If evicted under #3 (illegal occupation), tenant is entitled to 6 months rent and relocation assistance.
- NJ Quirk – Municipalities sometimes pay the relocation assistance and then charge the landlord. If the landlord fails to re-pay the relocation assistance, the unpaid balance essentially becomes a tax lien on the property and incurs 18% annual interest.
H – To Permanently Remove the Property From Residential Use
You can evict tenants if you plan to permanently remove your property from residential use. However, this “Good Cause” doesn’t apply if you were cited for health violations as per above.
- Requires 18 month notice
- No action may taken until after lease expires
I – Refusal to Accept Reasonable Changes in Lease
A New Jersey landlord is allowed to make “reasonable but substantial” changes to lease provisions at the end of the current lease. You can begin eviction proceedings after providing notice and the tenant refuses the changes.
What is “reasonable” will depend on a judge’s opinion if it goes to court. The judge will consider the impact on the tenant’s life before and after the change. A change in late fees or payment due date are probably ok. Not allowing a pet after previously allowing one is probably not reasonable (Royal Associates v. Concannon, 200 N.J. Super. 84 (1985))
- Requires written notice of changes be sent to tenant in accordance with lease terms
- If a tenant refuses the change in terms, then serve Notice To Quit
- Requires one month written Notice To Quit
- CAUTION: Senior Citizens and Disabled Persons may be protected from lease changes under this provision
J – Tenant Habitually Pays Rent Late
This one seems pretty straightforward but it’s New Jersey. In order to successfully evict under this provision, you need to establish a pattern of habitual late payments after repeated warnings. This can be demonstrated only if you have a record of sending your tenant multiple Notices To Cease and they continue to pay after the grace period.
- Habitual has been established to mean at least two late payments after repeated Notices To Cease
- Requires one month Notice To Quit before taking action
- Landlord must continuously provide a Notice To Quit after each late payment or risk voiding the original Notice To Quit. You will have to start over if that happens.
PRO TIP – A judge will consider the tenant’s situation including job status, how many days late, your pattern of warnings, etc. Be prepared to show that you gave clear, stern warnings every time and didn’t establish a pattern of tolerance.
K – Conversion to Condominium or Cooperative
Are you dreaming of cashing in and converting your rentals to condos? You will have to wait at least 3 years in NJ if you need to evict a tenant. In addition, you must be in full compliance with the complicated laws and requirements governing NJ condo conversions. And be careful if any tenants fall under the safety of the “Senior Citizens and Disabled Protected Tenancy Act of 1992” or the “Tenant Protection Act of 1992.”
- Requires 3 years Notice To Quit
- No action allowed until after the lease ends
- Must comply with conversion laws
- Landlord must allow tenant reasonable time to examine and rent comparable housing
- If not, up to 5 one-year stays will be granted by the court.
- Landlord can pay 5 months free rent as compensation to allow only one year stay
- No action can be taken if tenant is protected by “Senior Citizens and Disabled Protected Tenancy Act of 1992” or the “Tenant Protection Act of 1992.”
L – Tenancy After Conversion to Condominium, Cooperative or Fee Simple Ownership (Owner wants to sell or occupy the rental)
This part of the NJ Anti-Eviction law allows landlords to remove a tenant if they personally want to occupy the unit or are selling it to someone who will personally occupy the unit.
It is only allowed in the following circumstances:
- The landlord is converting the apartment into a condominium and wants to sell it to a buyer who will move in
- The owner of three or fewer condominium or cooperative units wants to move in, or is selling the unit to a buyer who wants to move in
- The owner of a house or building with three or fewer apartments wants to move in or is selling the house or building to a buyer who wants to move into the tenant’s unit.
To evict a tenant when selling or occupying your rental, you must meet specific requirements:
- You must have a contract for sale and the contract must state that the house or apartment will be vacant at the time of closing
- The buyer or owner must intend to live in the house or apartment and not convert it to commercial use. Cite: Aquino Colonial Funeral Home v. Pittari, 245 N.J. Super. 585 (App. Div. 1991).
- The owner must be an actual “person” who intends to live in the house, not a corporation or a company. Cite: 3519-3513 Realty, L.L.C. v Law, 406 N.J. Super 423 (App. Div. 2009)
- Requires 2 Months Notice To Quit and cannot file eviction until after the lease expires
- For condo conversion with a tenant who’s tenancy began after the Master Deed was recorded, you must have notified the tenant that the building was being converted
M – Tenancy Based on Employment
You can evict a live-in Superintendent or other staff as long their residency is a condition of employment.
- Requires a 3 days Notice To Quit after termination
N – Conviction of a Drug Offense Committed on the Property
A Landlord can evict a tenant, including a juvenile, who has been convicted or pleaded guilty to a drug offense that took place on the property AND they have not complied with their drug rehabilitation program as part of their sentence.
This also applies to a tenant who allows a person to stay in the residence, even occasionally, who has been convicted or pleaded guilty to a drug offense. But you cannot evict a tenant who allows a juvenile to stay who was convicted of or pleaded guilty to a drug use or possession charge.
- No eviction suit may be brought more than two years after the later of the following:
- the juvenile was found to be delinquent;
- conviction of the person; or
- after the person’s release from incarceration
- Requires 3 day Notice to Quit before prior to filing for eviction
O – Conviction of Assaulting or Threatening the Landlord, His Family or Employees
A landlord can evict a tenant who has assaulted or made terrorist threats against the landlord, his family or an employee of the landlord.
- Requires the tenant to have been convicted of, or pleaded guilty to such an offense
- Can evict a tenant for allowing some as described above to stay in the residence
- Applies to juveniles as well
- No eviction suit may be brought more than two years after the later of the following:
- the juvenile was found to be delinquent;
- conviction of the person; or
- after the person’s release from incarceration
- Requires 3 day Notice to Quit before prior to filing for eviction
P – Civil Court Action That Holds Tenant Liable for Involvement in Criminal Activities
This is similar to the above provisions for “N” and “O” above as well as “Q” below. However, this involves a civil court action, not a criminal court action. You can evict a tenant found to be liable in civil court for (1) theft on the property, (2) assaults/threats against landlord and family/employees or (3) illegal drug activities on the premises.
- Only allowed to evict if tenant is not following a rehabilitation program as part of their sentencing
- Doesn’t apply to juveniles who are convicted or plead guilty to drug use or possession
- Can evict a tenant for allowing someone who fits the above description to stay in the residence
- No eviction suit may be brought more than two years after the later of the following:
- the juvenile was found to be delinquent;
- conviction of the person; or
- after the person’s release from incarceration
- Requires 3 day Notice to Quit before prior to filing for eviction
Q – Conviction for Theft of Property
You can remove a tenant who has been convicted or pleaded guilty to charges of theft of landlord or other resident’s property in the same building.
- This provision applies to juveniles as well
- Also applies to a tenant who allows someone who fits the above description to stay in the residence
- Requires 3 day Notice to Quit before prior to filing for eviction
What To Do If You Suspect Criminal Activity?
If you suspect criminal activity is taking place on your rental property, Landlord Guidance offers a few helpful tips in their e-book: The Landlord’s Eviction Handbook:
Evictions for Owner-Occupied Two and Three Family Dwellings
Special eviction rules apply if you live in your rental and it has no more than 3 units. If you qualify under this provision of the law, you can evict for any of the reasons listed above. In addition, a live-in landlord of a duplex or triplex can evict a tenant for overstaying an expired lease. This is the only exception to the quirky NJ eviction law.
- Requires a written notice to the tenant for delivery of possession of the property
- 3 month Notice To Quit for tenancy at will or year to year tenancy
- 1 month Notice To Quit if the lease is month to month
Self-Help or Lockout Evictions
As in many other Tenant-Friendly states, so called Self-Help evictions or Lockouts are illegal in New Jersey. A tenant can only be physically removed by an officer of the court after a judgment for possession has been awarded.
Note that shutting off utilities or making the apartment uninhabitable is considered constructive eviction and is also illegal in New Jersey.
Want to Learn More?
My book, The Accidental Rental, has a chapter dedicated to handling evictions the right way, including legal forms. The Accidental Rental will show you how to get rid of your bad tenant step-by-step!
Don’t Use A Lease That Doesn’t Protect You
One of the best protections against bad tenants is a strong, custom, and state-compliant lease. The Landlord’s Guide to Writing Great Leases will show you how to create a strong and custom lease in a day.
Find A New Jersey Eviction Lawyer
You don’t have to go it alone! Find an experienced NJ eviction attorney who will help you evict your tenant.
Ask A Lawyer Online Now
Need a quick answer from a legal expert but don’t want to retain an attorney?
Try Rocket Lawyer’s Ask-A-Lawyer service (affiliate partner). Their on-call network of lawyers can answer your question fast without the high fees.
Conclusion
Evicting a tenant the right way requires knowing when you can evict and following the correct procedures. This is especially true in tenant-friendly states such as New Jersey.
You don’t want to get to the courtroom only to find you don’t have a valid reason to evict your tenant or you didn’t follow the correct procedure EXACTLY. The judge will have no choice but to dismiss your complaint and you will have to start the process over. This will cost you more time, money and worry.
Familiarize yourself with the only legal reasons you can evict a tenant in New Jersey. Being prepared and following the correct procedures is the key to a successful eviction. Each cause for eviction has its own set of special requirements. It matters what type of notice you send, when you send it and even what you say in the notice itself.
In the final part of this 3-part series, I will walk you through the entire New Jersey eviction process including tips on how to win your court case.
Tell Me About Your Eviction Experiences
Do you always use a lawyer to make sure you follow the correct procedure? Do you send your own forms first and then let your lawyer take over? What tips do you have for your fellow landlords?
Please leave a comment below.
Want More Landlord Tips?
Sign up today for the Accidental Rental newsletter for access to more free money saving tips and tricks including my latest free bonus gift!
Is it legal for a judge to order an eviction if the landlord never registered or obtained a C.O.?
I’m not a legal expert but I don’t think the validity of an eviction request is dependent on the landlord’s compliance with local registration laws. I think they are separate issues. However, I do believe NJ judges do ask if the landlord has complied with the NJ Landlord Identity Law in order to pursue an eviction in NJ (learn more in this article). The judge can delay an eviction proceeding until the landlord has complied but it won’t stop an eviction altogether.
In reality though, that’s what lawyers and legal clerks are for. They make sure everything is in order before it gets to the judge so it’s probably rare.
I believe that a judge cannot under the law give a landlord a judgment for possession if the property is not registered, he will give a 90 day stay on the judgment to allow the landlord to get a landlord identity statement.
We own the home of a deceased parent. The home has 3 apartments. Our daughter would like to move innto one of the apartments with the option of buying the house. Do we have the right to evict a tenant even though they have paid rent on time for the 3 years that they have been there. I should mention that they are also on a month to month lease. The lease clearly states that the only occupants are to be the ones named on the lease but we suspect the woman has a live in partner not named in the lease. Is that considered a breach of the lease?
You should be able to send a notice of lease termination notice. 30 days notice is required because they are on a month to month lease but check the lease to be sure it doesn’t say something different. Stick to the lease. Also, you may want to extend it until the new year given the upcoming holidays.
If they refuse to leave, you will need to offer them a new lease with different terms like a “reasonably” higher rent (I assume you are in NJ). It’s harder to evict for a lease violation like the one you described. Make sure you have good evidence of the violation and that you took proper action as soon as you knew (or should have known) about the violation. You have to give your tenant a chance to cure the violation before you can seek an eviction.
I’m not a lawyer so please make sure you consult a professional before taking action.
We have a tenant that has not paid rent in over a year. We made the mistake of renting w/o a certificate of occupancy. When we went before the judge we were told that we must first get the certificate for the judge to recognize the issues being brought to the court. Any advice or has anyone gone through this? The certificate is difficult to obtain because access would be required and this guy has health issues, religious reasons etc etc etc.
This is standard in NJ. No court proceeding until registration. I would call this local authorities and explain the situation. They should have a way to provide a certificate and respect the tenant’s privacy. You should have a right to access the property via a clause in your lease. Make sure it’s there and then proceed accordingly.
I am considering renting a room in my New Jersey home. I will also live in the house with the roommate/lodger. Is true lodgers have less rights when the owner/landlord lives in the property? From my research removing a lodger entails a 30 day Notice to Quit and if the lodger does not move the police can remove the lodger as a trespasser? I plan to do month-to-month agreement.
Side note – I read you are not a lawyer. I will consult a professional.
When you live in the same house with a landlord you will have fewer rights but you will still have the rights you agree to in your month to month lease. The big difference is that your landlord will be able to evict you for overstaying your lease if they choose not to renew for any reason. The law can’t force a landlord to live with someone they don’t want to live with anymore. However, I don’t know if they can simply call the sheriff to remove the tenant. I think they still need to go through the eviction system before someone can be forcibly removed. I could be wrong though. Let me know what you find out.
You still have to go through the eviction process in nj. The judge makes The final say. If the rental room ir unit is illegal, it favors the tenant.
Thanks for clarifying!
I’m buying a 2 family in Englewood. The current tenants are month to month and pay in cash. I would like to rehab the property and rent at a higher rate. Is there a way to remove the current tenants?
My understanding is that the lease survives the sale so you would have to give proper notice of lease termination (30 days) before you could evict them. Definitely consult with your RE attorney who is handling the transaction. I’m not a lawyer and have never bought an occupied property so I am not certain.
Ask your realtor to state in the purchase agreement that the property be vacant at closing
My wife and I are going through a divorce and she didn’t want to be on the lease renewal since she was moving out. That was 3 months ago and she’s now going to be staying in the house but still refuses to sign the lease for the landlord. We’re in NJ and the landlord wants to evict her. Can you do that?
If she wants to stay in the rental, then the landlord has the right to ask her to sign the lease. Most landlords require every adult staying in the rental to be on the lease. I believe the landlord still has to follow normal eviction procedures but I imagine they will win given the circumstances you’ve described. The penalties may be 2x the normal rent as well. However, I’m not a legal expert and I strongly recommend you start by talking to your attorney handling the divorce. They may have more insight here or can point you to another expert.
I HAVE LET A “FRIEND” STAY IN MY BASEMENT ROOM FOR A MONTH BACK,,HE BAILED AS WE BOTH AGREED IT WASNT A FIT,RATHER THAN LV HIM IN COLD I LET HIM BACK IN,,THERE IS NO FORMAL AGREEMNET OTHER THAN A SIMPLE RECIEPT,,HOWEVER DEC IST COMES AND HES NOW IN ARREARS,,I NO SPECIFICS ANYWHERE,ONLY HE HAS A RECEIPT FOR A POULTRY AMOUNT TO THE PRIOR RECIEPTS…HE IS FULL BLOWN ALCOHOLIC,AND IM UPSET,,BEYOND,,HELP!!!
If you are in NJ, you have an oral lease. You need to follow the eviction process to get them out ASAP. Because you live in the house, you have more rights than most NJ landlords but I still think you need to essentially follow the same procedure. I don’t think their oral lease automatically renews because you also live in the house so you can start the eviction process immediately but check with a qualified attorney. Good luck!
If the owner of the property is renting rooms out does the owner have to register the property for a CO through the township. And can a landlord file for eviction if you are not behind in rent. And can he have the right to tell certain people of the family that is renting who can stay and who has to go if there is no lease. And what can a tenant do if the landlord has gun accessories ,that. Vvv.b the home?
My landlord alerted me that she would be doing renovations on my apartment “soon”. I repeatedly asked for a specific day which she never told me. One morning she cane to collect the rent and informed me that the workers would arrive to start the renovations in 5 minutes. The work included painting of the whole apartment as well as new floors, new bathroom sink and new kitchen counter. It took over 2 weeks – she claimed it would take “a few days”. I found it unlivable due to the workers taking apart my bed, unhooking my toilet and storing it in the tub, and using a table saw in my living room. Multiple items were broken (not replaced) and paint was on many items including my tv screen and computer monitors. The workers also had my ac blasting with the windows and front door open – I am responsible for paying the gas & electric. When asked for our rent to be reduced for the two weeks my landlord denied the request and threatened eviction. She apologized a few hours later for her eviction threat. She verbally informed my husband that the rent would increase by $200 the next month but never gave us a written notice – she also never informed me of the increase and I am the one who writes the rent check – I payed the regular rent for 2 months and when she came to collect the third payment since the verbal rent increase she questioned the amount and told me that I owe her an extra $600 due to the non payment of the increase – she was very angry and unprofessional addressing this matter. I informed her that she never gave us written notice of the increase which is required in nj- I even had papers from the government website and highlited the information and gave her the form for her to legally increase my rent. She became extremely irate – she slammed my phone on the table, she called me derogatory names and said she would evict me. She left then came back with her son who handed me the form for rent increase dated from 2 months prior and my husbands forged signature. He then told me to look for a new place to live. During this exchange my landlord was yelling and accusing me of being childish amongst other horrible things. I’m a very nice non confrontational person and this is causing me great emotional and mental pain. What can I do? Do I have to pay the back rent even though it wasnt legal? Can she really evict me because she’s mad at me? And to top it off she enters my apartment freely without notice. I’ve come home from work to find a repair man in my apartment without any notice at all – this makes me fear for my safety
Sorry to hear that you are having such a bad experience. It doesn’t sound like your landlord is very professional. You need to document every interaction including conversations with your landlord. Document when workers come unannounced. I can’t speak to whether or not you need to pay the increased rent. That depends on your lease. If you are on a month to month lease, then your landlord must give you at least 30 days notice (or more in some instances). After that, they can file for eviction if you refuse to pay. It sounds like the judge wouldn’t be happy with the landlord’s behavior as you have described them. You should get a lawyer if you feel an eviction is imminent and you should tell your landlord that you don’t feel safe having strangers enter your apartment without notice. Document this as well.
hi, my tenant hasn’t paid rent in 3 month i gave her 30 days notice to find another place she is on a month to month lease, i already have a court date. my question her arguments is that she is a single mom of 5 kids ( her kids are 21yr,19yr, 18yr, 14yr 10yr,) could a judge rule in her favor and let her stay in the apartment until she finds a place regarless if she has not pay rent in 3 months?
Email: darwinalmanzar460@gmail.com
Non-payment of rent is usually a straightforward eviction. If you prove the tenant hasn’t paid and the tenant admits this in the court, the judge essentially has to rule in your favor. She can apply for a delay due to hardship for up to 6 months. Check with a lawyer (I’m not one) and make sure your paperwork is in order before getting in front of the judge including your property registration. See the Ultimate Guide to the NJ Eviction Process article for more info. Good luck!
I am an owner of a 4 family house, tenant 1 always pays late by the 20th I have to ask 3 to 4 times for the rent and this is every month. Also the lease which in yr to yr, has not been renewed but the regular lease is 1 adult and 2 kids, which the lady has her boyfriend living there. Im thinking of living there and remodeling the apt. I would like them to leave, how should i move forward, and the the late payments i did send any letter but i have all the text messages of when they paid the rent late.
It depends on your lease. Does it state that renewals are automatic? If it does, then they have a valid lease for one year. If it doesn’t mention auto renewal, then it is a month to month lease and you can send written notice to terminate 30 days before the start of the month you want to terminate the lease. Always check with a local lawyer because the rules could be different in your county. Good luck!
I am being asked to leave my condominium so the owner can give it to his father in law to live in can he do this legaiy
You should check with a lawyer but I don’t think that’s a valid reason for eviction in NJ. However, do you really want to fight your landlord over this? I would look for a new place to live personally. Good luck!
In August 2014 I let a friend move in because the house he was staying in was in foreclosure and he had no where else to to. He promised it would only be for three months or until he found another place. It’s been four years and he still has paid no rent, and is now becoming sicker and sicker. He also steals money, cigarettes and food from me. He recently applied for food stamps and got them, but has not seen fit to pay me any monies. I am 72 years old and still working to pay for my home in East Orange. He is 62 and is now becoming more and more crippled. Can I evict him? He is costing me more money every day.
Check with a local lawyer to confirm but unless you have accepted money from him or some other form of consideration you have an unwanted houseguest, not a tenant. You should be able to call the local police and ask them to get rid of your unwanted houseguest. Although four years is a long time. I’m not sure if that complicates it.
If you have accepted some payment from him then he may have tenant rights and you need to follow the eviction procedures.
Politely but firmly give him written notice that you expect him to leave in X days otherwise you will either call the police or formally evict him (depending on your situation).
I own a 2 family home where I reside I rented one of the apartments my tenant decided that she could start a daycare without my permission or letting me know I found out because she told me the same day she started taking care of the kids. I told her that on our lease it stated she can’t run o business from the house and I did not give my permission for this since I don’t want to be leable if one of the kids gets hurt. She kept questioning me on why I didn’t allow it I kept repeating my self and thought she understood because she said it won’t happen again. I found out she’s been bringing the kids again I only signed a 6 month lease since I did not know the family and it’s about to end in February. Can I send her a notice since she broke part of the contract and after she asked me and told her no?
It sounds like you have a case to begin an eviction complaint against your tenant but if the lease is up in February then it won’t be worth it. Just wait it out and continue to send her a Notice to Quit for every violation. Document the situation in case she decides she doesn’t want to move at the end of the lease. This will help you win if you have to proceed with an eviction then.
I’m not a lawyer so please don’t rely solely on my advice. Check with a local attorney too. Good luck!
Hello, I am a landlord in NJ, and have a question related to recently giving a Notice to Quit to my tenants for excessive damages to the property. After giving notice to the tenants, they did move. My question is, am I entitled to any lost rent due to having to evict them, and having to wait for repairs to be completed for a month?
The damages to the property were a less than the security deposit paid, but not by much. I might add that I am not looking to take them to court, but just not have to return any damages dues to the excessive damages done.
Sorry to hear about your experience but it sounds like you got lucky with them moving out quickly and not having to go through with an eviction. I’m not a lawyer but I don’t think you can use what’s left of the security deposit to cover the lost rent while making repairs. It’s not the same as if they had ended the lease early and you were scrambling to find someone to replace them. This sounds like a normal turnover cost to me but I could be wrong. I would probably let it go especially if you can cover the damages with most of the SD.
Hello I been living in my apartment for 9yrs month to month rent. NO LEASE Involve my rent is up to date my landlord live in other state come once and a while and stay in the back of the house where he build a small building for himself to stay at when he come. my landlord told me i have to move out cause i wont throw my mom out my apartment cuz they have personal Issues the landlord is my uncle and my mom brother Can he force me to move out if i dont throw my mom out the house. Does he have control to tell me who i can have living there My grandmother pass away year ago so my mom move in with me and he agree with it Verbally i dont have nothing in writting everything was ok until now cuz my mom won’t do him a favor my mom is 60yrs old nowhere else to go … Can i fight him in court or what should i do….
I would consult a lawyer. Your mother probably has rights as a tenant but you should talk with a lawyer before you take any actions. Good luck.
What if the landlord wanted to move into the property herself? Is this grounds for removal?
Generally yes. This is one of the “Good Cause” exceptions. But it only applies if the owner has no more than 3 units. I don’t think it means they can kick you out early but I could be wrong. I believe they need to give 60 days notice even for a month to month lease. As always – I’m not a lawyer and your circumstances may be different so please check with a local lawyer!
My mother and her 7 sibling own 3 beach houses. Two that we live in during the summer and the 3rd house has an upstairs apartment that is rented year round to a woman, her two kids and the baby daddy. A few months ago the baby daddy tried to beat up/ kill the mommy. He’s been in and out of jail over the past few months. She went into hiding for a bit and we heard some people were living in the apartment while she was gone. Not clear who it was. The baby daddy was just busted on drug charges (he was living at his mothers several blocks away in the same town ). After the bust, our houses were all searched by the police. Luckily nothing was found on our property however several of us suspected he was dealing while living in the apartment. She’s been on time with the rent throughout all of this however she may have lost her job due to her own drinking problem…. this all being said…..can we easily evict this woman? I’m seriously afraid the baby daddy is going to come back (or send a friend) to finish the job on the mom. My mother and her siblings are all turning a blind eye and feeling sorry for baby momma. My cousins and I want them all out.
This sounds too complicated for me to comment. Conviction of a drug offense committed on the property is grounds for eviction but victims of domestic violence has special rights. Consult a professional and please call the police if you suspect your tenant is in danger! Good luck.
My ex came over to spend the night one weekend and never left. It is now four months in and I recently broke up with him and asked him to leave. After hours he refused and the police were called because the argument was so loud. Once the police arrived they informed me that legally since he’s been here longer than 30 days I would have to go to court. My question is, can I evict him since he has not paid rent? He is not on my lease and it was never agreed that he would move in.
This is not legal advice. It sounds like you may have a tenant-landlord relationship and you do need to follow the eviction process. I’m not sure what the grounds would be for eviction though. Did you have a verbal agreement for him to pay rent? Speak to a lawyer ASAP. They will review your lease and your situation and be able to give you the best course of action. Good luck!
I’m a tenant and do hope you’ll be willing to possibly answer a few questions. I’ve been renting my home for 4 years and I’ve been month to month after the first year. my landlord has sent me a none legal notice stating that as of June they no longer will be renting the home and will be listing the property for sale. Stating this is binding. Can they evict me just because they are selling the property? I’ve never been late with rent, never have had any complaints, the house has been well kept. So there’s no real good cause. I have a realtor who wants to come photograph the house but, I’d rather not with my belongings in the home. Do I have the right to deny the photos? I did speak to an attorney who stated that in NJ a landlord can not evict due to the property being sold and that the new tenants would have to evict me is that also true? Thank you so much for your time.
Sounds like a tough situation but I would go with your lawyer’s advice. I think he’s right in that your current landlord can’t evict you but I’m not sure the new one could either. I’ve read mixed things about this. However, your landlord could start raising the rent and changing the lease terms to a point where you may want to leave anyway. Your best course of action may be to negotiate an agreement with your landlord where you are compensated for your troubles and they get to sell the house. Check in with a qualified lawyer well versed on the landlord-tenant laws in NJ. You may be able to find a tenant advocacy group that can help. Good luck!
I am considering buying a condo that has a long-term tenant of 35 years. She may also be disabled. I want to gut renovate the unit and live in it myself. She’s on a month to month. Is it legal to evict her?
It all depends on a few things but I think it generally is allowed.
From the NJ statute on grounds for removal: The owner of a building of three residential units or less seeks to personally occupy a unit, or has contracted to sell the residential unit to a buyer who wishes to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing.
Talk to your lawyer about including a provision that they need to turn it over vacant. They should be able to legally evict then. Be sure to ask them if her being disabled changes anything or if the town has a local ordinance against this.
Whether they should is another discussion…
We want to sell our rental home in New Jersey. How do we get the renters to move out? They won’t leave and we were told that we have to wait 2 years before we can sell it. We have a buyer now!
I believe you can sell the house and include a clause in the sale contract that the house must be delivered vacant. The buyer then has to occupy the house. The buyer might have to give 2 or 3 months notice but I haven’t heard of 2 years. If a lawyer told you 2 years then you might want a second opinion. Talk to your real estate lawyer. They will know how to handle this best.
I have been renting in Middlesex County New Jersey for nearly three years with the rent being paid on time and no landlord violations. We are on a month-to-month lease. Landlord States she is a daughter when I move back in the property 4 the summer so the daughter can start college.
Because I didn’t answer exactly give an exact date when I was to move within two days I received I notice to quit for owner move-in. I have not contract if to purchase a house and furthermore my daughter was severely injured in a fall down the stairs which required surgery and she is unable to walk or drive to graduate school for 3-6 months.
Can we be evicted for owner move-in to a single family house?
This is called an owner-use eviction and I believe it is allowed in NJ under certain circumstances. However, your situation sounds a little more complicated so I would definitely check with the local housing authority or a lawyer to better understand your rights.
Can I evict a tenant for reasons of a son taking over the rental property. After the lease has ended?
That’s a great question! If the parent is no longer living there and the son is an adult, then I would imagine you have the right to screen the son and accept / reject him according to your normal criteria. I would get the father to sign a lease termination agreement and start the application process for the son. My understanding is that leases aren’t transferable so that’s how I would approach it but I would check your lease and with a professional if any doubt.
My father moved into my new home with me and my family in NJ late 2017. The condition was he would help take care of my younger son (babysitting) after school as he has always done since his birth and contribute to the monthly bills (rent for his 2 rooms). For the past 12months he has been increasingly difficult (he feels he should be entitled to a large share of the home) and has been verbally abusing and harassing myself and my husband. Starting shouting matches and just generally being a nuisance. My youngest child is a nervous wreck as a result of the constant bickering…do I have grounds to start an eviction process?
It sounds like he is probably a tenant because of the verbal agreement to exchange a room for his share of the monthly bills. You probably need to start the eviction process from a legal standpoint but I would probably try to work out something to avoid a legal battle that will add to the stress level. I’m not a lawyer so please don’t rely solely on my advice. Seek an expert’s opinion if any doubt about how to proceed. Good luck!
How long does it take for a landlord to evict me- if it’s only for a noise complaints and my rent has always been paid on time: complaints were constantly given to the association’. A lot of it was harassment from the other neighbors+. My landlord said I had to end of month to be out, i have had to prove to my landlord why ambulances and police were at my house with ,medical records and him talking to police that I went to emergency room diagnosed with anxiety and gerd- he still told me I had r leave and when I told him about other neighbors in my building harassing he didn’t say anything or do anything about it
I can’t say exactly. It could be weeks to months or never. It depends on your specific situation (where you live, the lease terms, the nature of the dispute, etc.). I will say that it is more complicated to evict a tenant for violation of lease agreement other than non-payment. Your landlord will have to prove that you violated the lease (for example, you disturbed the quiet enjoyment of other tenants). This is not as easy as showing a tenant did not pay their rent. Find a local attorney who can help you with your specific situation. Good luck.
I’m renting a basement from a person that is renting the house. we got into a dispute and now they are telling me I have to leave by friday. the landlord told the person that is renting me the basement that we “better leave”. the person told me that the landlord is going to come by tomorrow to take all the appliances from the basement. we told them they had to evict us and they got very aggressive saying they weren’t going to evict us that we have to leave. I don’t know what to do, please give me feedback .
Sorry, but I’m not qualified to give you legal advice in this situation. It will depend on a number of factors including where you live the lease terms, etc. You need to gather all the relevant documents and meet with someone qualified to discuss your options in this situation. Good luck.
Hi!
We had mice in our living room, my roommates and I complain to the landlord to come and take care of it. He did put two traps but that’s it and he never came to check it. After a week I found mice in my room and i told the landlord to come and clean the mice. He than got mad at me and he told me that “stop complaining” “there wasn’t mice when I moved to the apartment” “I give you one month to leave the property. goodbye and all the best” and I told him that he can’t evict me and i send him New Jersey law but than he say “okay will see” I don’t know what that mean. but than i decide to move and i told him that i am going to leave at the end of this month, and he didn’t respond to me and I again send to his wife to let her know that i am leaving when you husband asked me to leave.she said “okay, we got it.” my concern is can he not give me my security deposit? i really don’t have time to drag it to court. i have exam on July 15 but still if i have to go court, it the law on my side? and he already cause me emotion pain by threatened me. Can he not give me back my security deposit? That is my concern. Thank you!
Your landlord has 30 days to return the security deposit or a portion of it along with an itemized list of deductions. After that you can sue in small claims court. That’s the process unfortunately.
Hi, I live in a 3 bedroom home with my father. Back in September or October my father’s coworker asked if he would have room for a mutual friend who just lost her job… coworker said that the friend would clean in exchange of living in my house… was only supposed to be for a short period of time until she got “back on her feet” and could move out. She pays no rent, does not clean, and does not work. She rarely leaves the house, and is not cleaning like she said she would be and does not pay for anything and she also smokes cigarettes and marijuana in my house after my father told her she cannot smoke in the house or use drugs. My father has told her that she has not kept her word about cleaning in exchange for staying here, she said she would change…. months later, no change. About 3 or 4 weeks ago he told her she needs to find another place to live and she said that she hasn’t been able to find a job (she had one when she moved in, and she barely leaves the house and is not actively looking for one) meanwhile, I, a college student who just came back from school, found one the day I came home. He told her he cannot have her here anymore taking up space as all of her belongings are scattered throughout my house and very messy. Her room is across the hall from mine and she is constantly blocking my door which leaves me unable to enter or exit my room at times. Is she considered a tenant even if she does not pay rent, was never told she had to pay rent or contributes a dime to my household? She’s costing my father so much money living here and the smell of her cigarette and weed smoke is constantly entering my room, it’s disgusting. How can we get rid of her?
Your father may have a verbal lease agreement and she is not living up to it. I believe you still need to follow the eviction process but please consult a local attorney.
I have a tenant in my condo who signed lease that had 2 people and 2 dogs. Now there are 6 people and 3 dogs. Hired an attorney and he sent certified letter notice to quit. She never picked up certified mail. He charged me $1,000 to send one letter and wanted $2500 more to start eviction proceedings. I could foresee thousands of dollars in costs. I want her out. Her lease is up in August. Do I have grounds not to renew or do I have to evict ?
It seems like you can evict based on lease violations or even health code violations (might be too many people per local code). Did your lawyer say you have a good case to evict? Their fee seems a little high so maybe ask local landlords who they use. I believe you would need to send notice of non-renewal and then go through evictions if they hold over and refuse to move out. However, I’m not a legal expert so I would invest in the lawyer if you really want them out.
Good Morning,
I have tenants that are both on disability now. They have been habitually late with their rent and I have even taken rent in increments.
The 6 month lease ends July 31st. I did put a provision in this lease, which is about to end, that 60 day notice is required by either party to vacate the property. (i hope this wasn’t a mistake and that I have to give them 60 days)
Do you foresee a problem with me giving them a 30 day notice to vacate since its after the 1st of July and I do not want to renew the lease. This month they offered me $100 so far towards the rent. This is not acceptable and now they are both going to be on disability, her on short term, him on long term. New Jersey location. I bought the property a year ago July 31st. They already occupied the 2nd floor, and I live on the 1st floor. Your advice would be greatly appreciated.
You should be able to evict for being habitually late but you need to have documented every instance and your notices. If you haven’t done that, then you might need to wait for the end of the lease. Because your lease states 60 days notice is required, I’m not sure you can terminate it at the end of July. Their disabilities probably complicates this even more.
You should speak to a legal expert who can better advise you what your rights are and what steps you need to take to comply with all local laws. Good luck!
If i own a house but rent out the rooms month by month, what are the limitations to evicting someone? The tenant constantly complains about what her expectations are vs what is provided, does not maintain a clean living environment which in turn affects my property (roaches and ants), and goes out of her way to be nasty, has cursed and yelled at me and all. I want to give her a notice but I do not want the trouble of lawyer fees or going to court. 30-90 days makes no difference to me as long as she’s out. I think 2A:18:53 paragraph b of eviction law in NJ states a tenant can be removed for disrupting the peace of the landlord. Would this hold true? Any advice before going to a lawyer would be greatly appreciated. Thanks
Since you live in the property, your tenants are not subject to the Anti-Eviction Act but instead are covered by the Summary Dispossess Act (which you cited). You can evict at the end of the term but need to serve proper 30 day notice. I’m not a lawyer and do not give legal advice but this is my understanding. I could be wrong so it’s best to consult an expert if you are not clear on how to handle this situation. Good luck!
My mom and stepdad recently inherited my (step) gmoms house when she died (they have been staying in a makeshift apartment in the barn so they could be close by for her). My step uncle has been living in the house for about 7 years and paying nothing, actually mooching off his mother. He has done nothing to help anyone and has actually caused tons of issues for everyone. My mom and SD want to know how much time they need to give him to get out.
Start with reading up on your state’s landlord laws. Landlordology has a good reference guide by state. I’m not a legal expert, but I suspect nothing can happen until your parents get legal title to the property through the probate process. I’d talk with a lawyer because that can be a long process especially if your uncle wants to contest the will.
My son and his wife are currently renting a house in Burlington county New Jersey over the last year they been on time about half the time on their rent payments and late about half the time, unfortunately last month they were late on the payment and the check bounced my son tried to give the landlord a certified check for both last month and this month and was told by the landlord he wasn’t taking it and his attorney was going to file an eviction assuming that it can go through what is the timeline between the landlord filing eviction and him being told he has to leave the house?
If your son’s landlord is planning to evict for habitual late payments then the process will take a little longer than if it as just for non-payment of rent. Your son’s landlord needs to file a 30 day notice to cease followed by a notice to quit. Then they will file for an eviction which could take 2-3 weeks. If successful, your son’s landlord will file for a warrant for removal which could add another 1-3 weeks. Your son’s best defense is to start establishing a pattern of on time payments every time but it may be too late. I’m not a layer. This is just my understanding of the process. Here’s a more detailed timeline. You should get a lawyer to help you through the process.
How can I evict someone who doesn’t pay rent or is not on any lease, because of selling the property?
You don’t need a written lease to evict a tenant in NJ. Verbal leases are valid in NJ. If they are supposed to pay rent but don’t, then you follow the proper evictions procedure just as if they had a written lease. The fact you are selling the property is not relevant. If they don’t pay the agreed rent, they don’t get to stay. Speak to a lawyer if not sure how to proceed. Every situation is different.
My mother had a “friend” move into her home 5 years ago. Now she has dementia and I need to have her move in with me. They had signed a Cohabitant House Share agreement; in which I also signed because I was on the deed as well as my mother then; I am the only one on the Deed now; no landlord/tenant agreement was ever made. On the C.H.S. agreement; the friend had to pay half of all expenses and has, (but they should have been increased along the way). Now the friend is refusing to leave. Can I serve my Mother’s friend with a letter myself since I solely own the home now? There was never a Landlord/tenant lease. The friend is also has serious health issues. Can I serve the friend a letter to leave prior to getting a lawyer, if needed?
Sorry but I’m not familiar with the laws around cohabitation agreements. I would consult a lawyer who is ASAP.
Hi there! As a tenant I was emailed a “formal notice” to vacate my apartment so they can start making repairs to an electrical issue that has been present for years. They said the work cannot be done while we are there. We pay month to month at the moment, there is no lease. We have been given notice to leave by December 31st. To my knowledge there are no violations made by the local government about the safety of the apartment, nor do they have any plans to start these repairs as soon as we leave. They’re also asking one other family to leave in our 6 unit property. We have not received a notice to quit or summons, just an email. They have not offered any relocation assistance. We have lived here for 5 years without any issues. What are my rights in this situation?
Sorry to hear about your situation. Your landlord could have a valid reason to evict if they have a received a notice to correct a violation. However, they need to give 3 month’s written notice I believe so an email telling you to vacate at the end of the month probably wouldn’t cut it in court.
If you want to continue to live there, then I would approach the landlord and try to work something out. Without being confrontational, see if there is a better solution. Maybe you can pack up your stuff into one part of the house and leave it there while they do the work but not have to pay rent? That way you can take the rent you would have paid and find temporary housing.
Something else may be going on here and you may want to find another housing solution anyway. Why force your landlord to let you live there? They will just be looking for valid lease violations to evict you.
Definitely seek legal help if you choose to challenge the notice. Good luck.
Hello. I own a 2 unit house in NJ in which I do not occupy. One of my tenant’s lease of 1 year termed years ago, in which turned into a month to month lease (as per notated on the lease). Am I allowed to term the month to month lease without giving her a “Good Cause”? She has repeatedly paid the rent after the due date but always right before the date to acquire the late payment fee. In which I’ve been lenient towards. She is not finally stable and I have a someone who wants to rent that is able to pay on time. If I am able to, what type of notice do I send her?
It doesn’t sound like you have a good reason not to renew her lease given she has paid you every month. Habitually late rent payment is a Good Cause but you said you’ve been lenient so the judge will consider that against you. How late? Is it consistently beyond 5 business days (standard grace period in NJ)? If so, you can try to re-establish your on time payment rule over the next few months by sending her a notice and addendum to your MTM lease that rent payments beyond a 5 day grace period will incur late fees and that repeated late payments will result in non-renewal of lease. Then you can establish habitual rent payment by documenting every instance. If she’s paying within the 5 day grace period consistently then I don’t think you really have a case for non-renewal. Just my opinion (not legal advice).
Hi is it legal in NJ to enter into an agreement with a tenant where you pay them to terminate the lease early?
“Cash for Keys” is a pretty standard practice unfortunately. I’m not a fan because I feel it caters to professional tenants who know how to beat the system or wear a landlord out. As long as there are no illegal terms in the contract then it should be ok. If you are the landlord, be sure to pay only after the tenant is out and the inspection is complete. If you are the tenant, be reasonable in your negotiations. At some point, it makes more sense for the landlord to follow the normal eviction process.
Here is a great article by RentPrep on cash for keys. In it they include a link to an example “Cash for Keys” agreement. As always, I am not a lawyer so please seek counsel before taking action if you are uncertain.
Thank you very much!
Can landlord kick u out if your bf go to rehad to much landlord said it has to stop I am worry
Not for going to rehab. Yes for the things that land someone in rehab. Specifically, your landlord can evict you and/or him if your boyfriend was convicted of a drug offense that took place on the property and they are not following their rehab program that was part of the sentence.
I’m renting a house in NJ. It’s a year lease. Always payed my rent on time (even early). My landlord asked to inspect a property 3 months before lease renewal. I was ok with that. But then I was sick and now with have this corona thing. It’s not even 2 months before the renewal. But he insists. I have nothing to hide, just feel uncomfortable in the circumstances. Another thing is I asked for 6 month lease extension. I don’t plan to stay in a area for longer and don’t feel comfortable signing a lease for another year. The landlord won’t do that, he said he will only do one year lease. What are my chances to stay in a house (and pay rent) without letting a landlord in before coronavirus threat is over and getting 6 months extraction?
These are very unusual times so I completely understand you not wanting your landlord inside your home right now. Your landlord should understand this too. I would offer to let him in as soon as the governor lifts the shelter in place order. In the meantime, offer to send videos of the place. That would satisfy me until I can get in and do the inspection. He might just want to get in to make a list of things he needs to repair to make it ready again. Offer to help in any way you can.
As for the extension, offer to pay a higher rent for the 6 month term. It might be well worth avoiding the hassle of moving in this environment. As a landlord, I would probably go for it as long as the extended term didn’t end off season.
I hope that helps.
My tenant has left before his end date on the agreement; but his 50 year old son, who appears homeless, came out of no where, flopped at my home while his father was there; and then was granted “no more then two consecutive nights until the end of the agreement; in which I considered was only while his father was there as a tenant. The tenant, his father, has left weeks ago. The son is still at my home. The son says he has a right by having his name on the eviction notice to stay every 2 nights. Is this legal? He never payed rent, and was not a tenant. He just came to visit. Again, his father has abandoned the home. What can I do?
This sounds like an ejection case as opposed to an eviction but I’m not a lawyer or experienced in these types of cases. Based on what you said it sounds like he is not legally a tenant so you have to follow the ejectment procedure to obtain a writ of possession. Here is a guide from NJ Courts on how to apply for one. Normally this takes about 4-6 weeks from what I can see online but I would expect this to take a lot longer these days with the courts essentially shut down. Good luck.
Thank you. He finally left.
Hello,
I have a roommate who lives in my basement. We only have a verbal lease and month to month. He hasn’t been paying the full rent and doesn’t want to move out. What can I do to evict this person? I cannot afford to pay for a lawyer so I’m doing my research on my own. I’m a single mom and I thought renting my basement would help me but this is now causing me a lot of stress and anxiety. I live in NJ by the way.
You will need to follow the eviction rules. Send a notice to pay or quit, wait the 30 days and then file for the eviction in your county. Note that evictions are currently on hold until 2 months after the emergency order is lifted by the governor so there will be a long backlog once the courts re-open. Good luck!
Hello,
I rented my ground floor studio to a woman. Verbal agreement/ month to month and now he boyfriend started to stay there. they haven’t paid rent for 4 months they have taken the COVID as an excuse to not move out. They smoke weed, damaged my property also threatened my family and the bf has changed the locks. on top of that for the month of June they have been away and have not told me anything. Is that considered abandonment? They still have there things in the studio. Is ground Fl and basement the same thing in NJ?
We are still under the eviction moratorium so you will not be able to evict them right now. Unfortunately your situation is made a little tougher because you don’t have a written lease. Even with the moratorium you might be able to evict them (eventually) for a lease violation but without a written lease that is very difficult to prove.
NJ is still allowing you to file for the eviction (for non-payment of rent and lease violations) but there is a federal law that might prohibit this anyway if you have a federally backed mortgage. Your best option is to document everything, do not change the locks or throw out their stuff, and speak to a local NJ lawyer ASAP.
I don’t have a written lease but I do have texts from them stated they would leave end of each month.. I save my texts and videos and pictures of them doing illegal drugs in my property and being abusive to me and my family. They have left the lights on for the whole month of June. Am I able to go inside and turn off the lights?
If you need to go in and shut off the lights you should post a 24 hour notice on their door that you need to enter. Take a picture of the posted notice and send it to them via email and text. Be sure the notice tells them exactly when you will enter the unit the next day.
I have a tenant in a townhome I own whose lease is ending on aug 31. They have given us notice . I have prospective renters who would like to see the house . The renter is a serious one and ready to sign. A lease but needs to see the house one time. We provided written notice and were denied that due to Covid we can’t enter . Do we have a option to claim damages if we cannot get a renter due to this ?
Maybe but I’m guessing your legal fees would exceed your damages. How about suggesting a compromise? Can they take a “Virtual Tour” for you instead? Have them walk the apartment (give them guidance on how to do it) and then have them send you the video. You can then watch it with your prospective tenant and then follow up with any questions they might have.
I’m thinking of doing my own virtual tour videos at the next turnovers just so I have it available going forward. It’s going to be the future so you might as well get a head start!
Hi I rent a 2 bedroom and rented my spare room to a young man In March he signed a lease til May and we didn’t not renew after I guess we are on a month to month. In June his girlfriend and her kid started staying and I told him according to our prior lease and verbal agreement he can only have guest once or twice a week but they continue to stay for weeks at a time. His rent is all inclusive and he continuously leaves the air conditioning and light on cause they are home all day every day. They ran my light bill is super high I asked him to pay some which he refused. They keep the room and bathroom and kitchen dirty and now I have mice, they smoke weed and just throw the garbage out and diapers out in the yard and the other tenants complains to the landlord about it. I texted him And told him I will not renew our month to month and I needed him to move by August 31st he said ok then the first came and I asked him why he was still there and he called the cops and said I tried to lock him out. He told me he don’t have to leave or pay rent until December because of covid 19. And his girlfriend and her child do not have to leave either What can I do I cannot afford for all 3 of them to live here I work really hard and my bills are now sky high… any suggestion?
Unfortunately you need to evict him ASAP but eviction proceedings are still on hold in NJ for at least another 3 months. Call the local county courthouse and see if they recommend you file the paperwork now to get in the queue. I’m also concerned that your landlord may want to evict you. Does your lease allow for sublets? If not, your landlord could evict you for violating your lease. This is a bad situation but one that could have been avoided with proper screening.
My friend rents a room in a house. There was a problem with my friends car, and the owner was not helpful in allowing use of her vehicle to jump-start the car. She’s not required to, but it would have been helpful. My friend said some disparaging things about the owner of the house. They have a verbal lease agreement. The owner now says she feels threatened, and wants my friend out immediately. She says she has locked the doors to the home, preventing entry. My friend did not say anything threatening, just negative. Should my friend have the police meet her at the home to gain entry? Can the owner evict her immediately? If she says she feels threatened, will the police back her and force my friend to leave immediately? What are my friends rights?
Landlords who live in their rental generally have more freedom to evict a tenant but they still have to go through the proper process. I believe your friend’s landlord may be in violation of NJ Law but I’m not certain because of the live in situation. Your friend should call the police to regain entry and then probably move out ASAP. Why stay in a hostile environment like that?
Hello!
I need help please!
My husband is a new landlord and when he purchased the house, he specifically asked to have the tenant basement removed. Instead at the day of the closing the tenant was still there and became our headache. During Covid he has continued to pay but now is refusing to pay and we asked him ever since we became owners that we needed him to move out. Now he does not want to leave or pay any kind of rent.
Did you use a lawyer when you purchased the property? Your contract should have made clear that the seller needed to deliver it unoccupied. It will be a while before you can evict but you should get the process started. If the property is in NJ, use this form to find a local lawyer who can help.
Glad I found your website. So, we have a duplex on the shore in NJ. We do summer and winter rentals for the downstairs recently renovated unit. We have all year round renters upstairs who pay me $1175 a month (they have been month to month since September). Our plan is to remodel the unit and rent it for the summer and winter (seasonal). We sent them notice to quit in january with request to leave or pay $1500 (going rate) starting in March. I received a phone call from their lawyer who said that he is here to help, and that i had no right to raise their rent due to COVID, and they feel intimidated by us. We offered them to pay up to $700 moving costs and allow them not to pay increase if they leave by April 1st. The lawyer kept telling me that their cleaning bsns I never heard about is not making money, and it is hardship. I received no answer if their cleaning business is registered and taxes are paid on the income. We gave them lease 2 years ago since they have 2 full time jobs which they did not lose. I can make 30k a year for this unit, and they give me a little over 14k. Lawyer also told us that they do not want to move out and will not pay rent increase. At this point i want these people out at any cost. What can I do? Will they have to leave if i move in there, and how long do I have to live there not to be sued by them. Any other ideas would be appreciated. Thank you.
Thanks. I hope you find it a helpful resource.
As for your situation I think that lawyer is trying to scare you. I could be wrong, but I’m not aware of any State or Federal law that prohibits rent increases currently. However, no NJ judge will force a tenant to pay that big of an increase or face an eviction. Generally, an increase less than 10% could be considered “conscionable.” Anything higher could be rejected by the judge.
Also, the current eviction moratorium lasts at least until April 2021 and is likely to be extended well into Summer. This means that for all practical purposes, you are stuck with your tenant for now. I think your best option might be to raise the rent $100 and document that they are not paying the increased rent. File notice for eviction after they establish a pattern of not paying the rent increase.
Then when the moratorium ends, you can evict once the courts resume proceedings.
I’m not a legal expert though. You may have other options. Fill in this form and I can help you find one in your area who can advise you better than I can. Good luck!
are landlords in NJ required to offer tenancy to renter’s finance and baby?
Not that I’m aware. You can’t deny someone due to familial status but this isn’t the same. That said, you might want to offer to add them to the lease pending a clean background check and possibly a rent increase. It never hurts to have more adults on the lease.
Hi Domenick, my ex boyfriend moved into my house last May. He didn’t pay any rent, only bought groceries sometimes. Now the relationship has ended, I expected him to leave in one month, he said he will take his time and he has the right to stay up to six another months before I can force him out. He is not actively looking and he has good income to support himself. Anything I can do to make him move out asap?
Assuming you are the only one on the mortgage or lease, then you are likely facing an ejectment. It’s similar to an eviction process but it is for non-tenants. Here’s an excellent overview of the ejectment process in NJ. Good luck!
My brother is renting his house the lease is up and he no longer wishes to renew the lease the tenant does not want to leave. What are his rights as a landlord?
I assume this is in NJ. Unless your brother wants to move back in or has a contract to sell it to someone who intends to occupy it, there isn’t much he can do. His only recourse is to offer the tenant a renewal with a higher (but not “unconscionably” higher) rent, subject to any rent control laws. When the tenant refuses to accept the new lease terms, then the lease is considered terminated by the tenant. He would then have to go through the eviction process if they still refuse to leave.
Hello….we have a condo as a summer rental property. This winter we rented it for 4 months, and lease was up May 1st. The tenant just told the realtor she’s not getting out. She also called social services and they told her we can’t kick her out, but I don’t know if they know that it’s a Winter Rental only. She is smoking in the condo and her bf moved in….both violations of the lease. She is also one month late on her rent. The condo is rented starting May 22nd. What can be done to have her vacate so the summer renters can move in? Thanks!
It sounds like you can evict based on material lease violation and non-payment of rent. The courts are opening up soon so I’d act quickly to get in the very long line. I’m not sure if being a short term rental makes much of a difference. “Seasonal tenants” are not covered under the NJ Anti Eviction Act but I’m not sure if this is the case for you. Fill out this form and I can connect you with a local attorney who can advise you.
I just want to say this was very helpful me to read these stories.
I own a house in NJ and currently my mother, nephew, and her ex-boyfriend live there. I moved to Michigan for work and do have the opportunity to move back at some point. My mother and nephew pay rent on-time. Her Ed-boyfriend who is disabled, misses payments on a regular basis. He is currently behind almost $5000.00. He does not regularly help out with the electric or water bills either. I agreed to a verbal month to month lease with them. My mother does not want her ex-boyfriend living with her anymore due to his failure to contribute. The house is not registered as a rental because my mother is living there. I have hired a lawyer for collections of the $5000 and the lawyer told me I should evict all three of them to get him out of the house. I am not confident he will have to leave. What do you think the best course of action for me will be? What do you think my odds are of removing him?
Hi Steve. Glad you found these stories helpful.
I’m not going to try and second guess your lawyer’s advice. They know your situation better and are the expert. But I look at it like this. He’s either a tenant or a guest. Because you have a verbal lease agreement it is hard to prove he is a tenant.
If you try to evict him, he can claim he is a guest of your mother and there is no agreement to pay you any rent. If he does that though, then you should be able to have your mother attempt to remove him under an ejectment process.
However, if he agrees there is an oral rental agreement, then he won’t be able to prove he paid rent as agreed and a judge should award the eviction.
That said, eviction proceedings are still months away and he may be able to delay an eviction given his condition even if you are successful.
Either way, you should get the paperwork in the system to get in line ASAP. Let me know if you want a second opinion from a local lawyer.
Thanks so much. I am an honest person and I gave him receipts for when he paid. I did retain a local lawyer out of Mt. Holly. Unfortunately I was just trying to be a nice guy.
I have a question. I have tenants that are on a month to month lease. Well my boyfriend and I broke up and now I need to move back in my house. If I give them the 30 day notice, does that qualify as a legal way to get rid of them. They are saying that I cannot throw them out because they have no place to go and they have 3 young children.
60 days is the appropriate notice period if you qualify under N.J.S.A. 2A:18-61.1(l)(3), which allows the owner of a residence with 3 or fewer residential units to terminate a tenant’s lease where the owner seeks to personally occupy the unit.
Also, you won’t be able to evict until the moratorium is lifted. Even if you did win an eviction case, it might be delayed due to hardship (3 kids with no alternative housing option).
I’m afraid your best course of action may be to find another place until they can move out. If they refuse to find another place, you can raise their rent (reasonably) until they leave or you can evict if they fail to pay the increased rent. You should speak with a local lawyer to see what other local laws you may be subject to. Good luck!
Hello! I live in New Jersey, I’m always on time with my rent, but over the year my landlord and I have had “arguments,” nothing verbal or screaming, but where she will get really mad at me for no reason. If I bring up anything that she doesn’t like, she will take it out on me and tell me she’s not dealing with it or I could talk to her son (which I never met and lives in another state) about it. On our lease we have an agreement for 1 dog, but during the year I decided to get an ESA (Emotional Support Animal). For extremely petty reasons she gets mad at me and she decides to have her lawyer write up a letter that we must leave in a month because I broke the lease for having a dog (which she knew about for months and I had offered to give her documents for ESA registration which she never said anything about. She had met the dog many times and was fine until our last argument which she said she’s done with me living there. Can she actually evict me even though I have proof she’s the one that’s been harassing me for months and proof my dog is an ESA?
I can’t say if she can legally evict you for having an ESA. You need to make a request for a reasonable accommodation for the animal. You should then supply her with the documentation from a treating doctor that (1) you have a disability according to NJ Law Against Discrimination and (2) The ESA improves your symptoms. Then she can make a case that either she is exempt from the requirements or that the ESA accommodation would be unreasonable and create an undue burden or risk.
I hope that helps clarify the situation for you.
Me And My Partner have been living in a Studio in a two floor house over 3 yrs. Never late on rent, and we’ve also done improvements to the studio out of our own money, (wood floors in kitchen) new bathroom floor etc.. My landlord and partner had an argument. Now She has given me an ultimation. I Can Stay But He has to leave or if I Stay with Him She wants us both out then.. She wants us out in a month. Can She do this? We’re been The perfect tenants According to her for 3 yrs.. Can she actually throw us out this way? Had a lease when we moved in but she never gave us one after that to sign..
I’m not a lawyer and without seeing your lease agreement it is hard to say but it sounds like you may be on a month to month lease. However, in NJ the landlord has to offer a renewal. If both of you are on the lease then she may not be able to refuse to renew his lease. That seems like an unreasonable modification of the original lease. Check with a local lawyer to know what your rights are specifically in this situation.
Practically though, you may want to find another place to live. It doesn’t sound like it will be pleasant going forward regardless.
I have an elderly father in Monmouth County. His girlfriend stays there off and on and has some of her possessions at his house. She also owns her own house out of state. She pays no rent, no lease, not on the deed, etc. When the time comes, how can I get her out quickly? My father has a will and has me as executor, power of attorney and health care directive. I know I will have to file in probate court when he passes.
I’m not an attorney but I don’t think there is anything you can do until she stays after you have possession of the house (as executor or beneficiary of the will). It’s best to speak to a lawyer familiar with probate law. Your dad should probably put the house in a living trust to avoid the probate process which takes time. That’s probably the best thing you can do proactively to help ensure quick resolution of the situation.
If she stays once possession has been transferred, then how you have to get rid of her will depend on the details of the will, the arrangement they may have had, etc. It’s best to speak to an attorney in this matter.
FYI – The post is has many layers to it.
I am currently renting a 3 story condo (which I believe is supposed to be a single family unit) but the 1st floor has been converted to single person unit; I am renting the 2nd and 3rd floors. The HVAC is still structured as if the unit is all one meaning that I am essentially paying for the electricity and gas that the 1st floor tenant uses. Furthermore, the 1st floor tenant smokes marijuana and cigarettes on a regular basis which permeates the 2nd and 3rd floors. I have complained on numerous occasions to the landlord who has told me they have started the eviction process with the offending tenant. This tenant was supposed to be out on Dec.1 yet he still is there. Since then, I have not been able to get in contact with my landlord. After doing some research on my own, I have learned that my landlord is not the the property owner but (potentially) the property manager. I also learned that the both the property owner and landlord may be going to jail/prison very soon for offenses they committed related to the property. At this point, I am pretty lost as to what my next steps should be, who I need to contact and what my rights are as a tenant. Any insight will be helpful. Thank you in advance!!
It sounds like the best thing to do is to look for a new place. As soon as you find one send the landlord a notice of termination citing the conditions you mentioned. However, you need to read your lease carefully and look for a termination clause. You could be on the hook for a portion of the remaining rent. Send me an email if you have further questions.
In Sept, 2021, after Ida I lost everything in the apartment I was in. A friend of mine who had a basement apartment (illegal as it has no stove and no separate meter but 2 egresses) stated I could live down there for $600/month, no lease, in NJ. My rent is current. He and his mother were living on the 1st floor and there is a tenant on the 2nd floor. My friend passed away on the 18th of December, and his sisters, who reside in CT, are now moving the mother up by them and selling the house. If I did my research correctly, in Supreme Court of New Jersey case, Kona Miah, v. Shiraj Ahmed, Defendant, Shiraj Ahmed (tenant) and his wife, Denise Ahmed, rented an attic apartment in Paterson for $450 per month from plaintiff Kona Miah (landlord). The couple had lived in the apartment for approximately seven to eight years when the City of Paterson determined that the dwelling violated a local zoning ordinance, which would possibly apply in my case. Interpreting N.J.S.A. 2A:18-61.1h (section h) is to require a lump-sum payment equal to six times the monthly rent, the trial court ordered the landlord to deposit $2700 with the court as a condition precedent to the entry of a Warrant of Removal. In addition they need to furnish me with a 30 day notice as well as to have these funds available a minimum of 5 days prior to removal. But who pays – the current landlord or the new owners?
Your situation is too complicated for me to give any kind of legal advice but I will just say that I think your assumption that someone owes you 6x monthly rent is not correct. I believe that only applies in very specific circumstances such as when the property has been cited for a serious housing violation and the owner cannot remedy it without removing the tenant or it is not fiscally viable. I don’t believe that is the case here.
Instead, I think you need to talk to a lawyer about your rights when the place is sold. Usually, the lease stays with the property and you are protected in the event of a sale. However, you don’t have a written lease so that may not be the case here.
Best of luck to you.
Unique situation, a tenant on Section 8 with 75% coverage of rent has been denied section 8 renewal for unknown terms. We received notice from section 8 that the tenant has failed to comply to ‘obligations’, and they are terminating the program as a final decision. They state last payment to be sent for the month of August and program terminates Aug 31. (Lease would renew Sept 1). Do we send notice of eviction? The tenant is single with no job or income. NJ Requires allowing renewal without really good reason. So do i still have to send renewal docs to the tenant, even though I know they can’t pay it? Can they still stay past lease term? I was told ‘they’ll figure it out and aint going nowhere’. The original lease was approved due to the section 8 voucher. They never would have been approved without the voucher.
I don’t know of any special protections for sec 8 tenants who fail to pay other than the requirements to also file complaints with the housing authority and to hand deliver notices to tenants. However, I don’t think you can preemptively send a notice of non-renewal or eviction. I think you have offer a renewal (at market rate) and evict after nonpayment. I would check with a lawyer who specializes in sec 8 cases though.
Ok. I am assuming it takes the same path as “lost a job”. Since the loss of income is gone, you cannot not renew or evict due to job loss, only when the lack of income then causes non-payment. Then the eviction is for non-payment, rather than section 8/job loss.
A tenant has been living in a property and has been month to month for about 2 years now. The landlord has sent the tenant notification via certified mail that he wants to terminate the lease in February, stating he wanted to have them out by March 31st. The tenants have refused to pay rent since January. They no longer have a deposit because they have used covid to avoid paying rent and have told the landlord they refuse to pay until they get a lease extension. Furthermore they are unresponsive when addressed about paying the rent and have refused to pay late fees. They did not understand that they are in an active lease and the landlord does NOT want to evict them. But they do not want to pay rent and are now behaving as if they have no plans to leave the home. Meanwhile a new tenant is lined up to take over the property. The landlord is currently in process to register the home as an investment property as he wasn’t aware this needed to be done.
If the tenants refuse to give him his keys back and vacate the home on 3/31, with proper notice AND verbal agreement, what are his legal actions to be taken? At this point he is not interested in getting his money he just wants them out. would he still need to proceed with the eviction process although the tenants were made aware of the lease termination in ample time and spoke to the landlord directly with a witness?
It’s not clear why your landlord wanted them out in the first place. Was it because they didn’t pay January rent or because he just wanted a new tenant? Either way, the current tenant has a right to renew if they want. If they wanted, they could cure the default by paying the rent and then the landlord would be obligated to renew their lease. If they refuse to pay, then he needs to go to court to evict them as holdover tenants. He cannot kick them out just because there was a witness to their verbal agreement to leave. That would be evidence to bring to court though.
Hi, I need to renovate an apartment. I sent my tenant a 60 days notice to quit so that I can renovate the apartment. The tenant refuses to leave and claims I should have sent a 6 months notice to quit and pay for their relocation. I was not cited by town for violations. I simply want to renovate the apartment. Do i need to provide tenant with 6 months notice and pay for them to move out?
-Salome
Are you trying to end their lease early or are they on a month to month?
We have rented a single family home for 20 years. I was recently widowed, and was given 70 days to leave the property as they claimed they were putting the property up for sale. I was approved at an apartment for my adult daughter and myself, however have been put on the waiting list when one becomes available. I notified the landlords of my status within 10 days of receiving their notification and requested an extension. They ignored my request and have sent subsequent letters reiterating their deadline. I have continued to pay rent and utilities, however my last rent check has not yet been deposited. They have shown the property only once one month after I received their initial notification.
I have 2 questions:
First, at the time of our initial rental agreement we gave a $1500 deposit. Our landlords have never, in the past 20 years, provided any account information or interest information. What is my recourse?
Secondly, doesn’t the property have to be sold before I am given the 60 days to vacate?
Thank you,
Pattie
Very sorry to hear that.
To answer your questions. First, your landlord may have violated the Security Deposit law and that could be a problem for them. You are entitled to 7% interest if they fail to provide required notice. 20 years is a long time to compound that interest. Second, your landlord needs to give 60 days notice starting from the date they have a sales contract AND that sales contract must specifically state they have to deliver the unit unoccupied.
You seem to have a good case here but I am not a lawyer. I would confront your landlord and tell them you believe they need to give you proper notice to quit. If they push back, then maybe mention the SD interest.
You may want to consult a proper attorney before confronting them though.
I hope that helps.