State Specific Question About: NEW JERSEY (NJ)

So it seems that I'm about to pop my first cherry. I have a tenant whose rent has been 100% subsidized by the state for the past six months. Since tenant has done nothing to keep herself in good standing with the program, they no longer want to continue her subsidy. We've both talked(tenant and I) about this and I informed her that she needed to make alternative living arrangements prior to the end of this month if she can not pay on her own and(which is the case).

Wouldn't you know she states she has no where to go and is giving half baked excuses as to if and when she can move. No problem...I'm looking to contact an attorney who I have established a relationship with over the past year to have them file the eviction and have her removed. Of course I will be charging the attorney fees against the tenant's deposit. My question is does any one here have experience with the EVICTION PROCESS and how long it will take provided I have a lawyer as respresentation, specifically in New Jersey? And two, if anyone here could share their experiences about this process that would be appreciated.

To top it all off I have a prospect looking to move in on May 1. All comments and suggestions are welcomed.

I don't know anything about NJ, but usually you cannot simply "charge" attorney fees against the tenant's deposit.

Usually, you have to ask the court to award attorney fees to you after you win your case. If you do get such an award, you can then try to collect it from the tenant by any means, including deducting from deposit. Don't be surprised if you get an award which is less than the actual attorney fees.

250+ evictions talking here.

Cash for keys. "I'll give you $100 now and $100 when you're out as long as you don't break anything. I'll clean up." (you're gonna clean anyway cause she won't!)

$100, $200, $500, even $1000 would be cheaper than the rent you will be losing + eviction costs, even without an atty. Deduct it from her deposit.

Get busy and cut your losses now.

She knows the system WAAAAAY better than you AND your atty. Plus she has feminine tears and crying baby on her hip to sway the judge.

It's NEVER quick enough. In her case, she doesn't have a penny to pay you any of these charges, so keep your expenses low. It will all be out of your pocket.

You said you have a prospect looking to move in on May 1?? Forget about it!!

I don't know NJ law, but here is a pretty typical process:

If the gov't paid her rent through April 30, you will not be able to post a Notice To Pay Or Quit until sometime after May 1.

You then have to wait for the Tenant to blow the period she is granted by law to pay the rent (3 Days, 5 Days, whatever). Her failure to pay the rent in response to the Notice To Pay Or Quit will constitute the termination of the lease.

You then file an unlawful detainer or eviction lawsuit. You then serve her with the papers. She then has __ days to file a response.

You then get a court date. On that day, the judge will issue a writ of possession in your favor. The Sheriff then takes his sweet time in carrying out the writ and kicking the tenant out.

My Nevada process is somewhat better than ths, but even so, I would be thrilled if I got possession by the 15th of the month, if I pushed everything along ASAP.

My last time to this circus, my Tenant appealed. It took months, plural, for me to regain possession, even though the T did not post the requisite appeal bond.

Good luck!

I hope you have not entered into a new lease agreement with the people with a start date April 1, 2011 or have taken a holding fee for a start date April 1, since it does not look good for you to have possession any time soon

Others bring up an important point - has the agency paid the tenant up for April? Or did they cut tenant off in march, and they haven't yet paid you for april?