 notice (by Franco [NJ]) Aug 31, 2011 2:04 PM
 notice (by Blue [IL]) Aug 31, 2011 3:51 PM
notice (by Ken [NY]) Aug 31, 2011 4:50 PM
notice (by Virden [OH]) Aug 31, 2011 7:51 PM
notice (by BRAD 20,000 [IN]) Aug 31, 2011 10:04 PM
notice (by Franco [NJ]) Sep 1, 2011 4:58 AM
notice (by Doug [NJ]) Sep 1, 2011 8:18 AM
notice (by rick [NJ]) Sep 1, 2011 1:33 PM
notice (by Franco [NJ]) Sep 3, 2011 5:44 AM
notice (by Franco [NJ]) Posted on: Aug 31, 2011 2:04 PM
Message:
State Specific Question About: NEW JERSEY (NJ)
Can I send a notice to quit to a tenant when I have already filed for eviction and have a court date? --67.82.xx.xx |
notice (by Blue [IL]) Posted on: Aug 31, 2011 3:51 PM
Message:
Why would you want to if eviciton is in process? --99.186.xx.xx |
notice (by Ken [NY]) Posted on: Aug 31, 2011 4:50 PM
Message:
Why confuse the situation?Proceed with eviction. --67.252.xx.xx |
notice (by Virden [OH]) Posted on: Aug 31, 2011 7:51 PM
Message:
Quit what? --76.241.xxx.x |
notice (by BRAD 20,000 [IN]) Posted on: Aug 31, 2011 10:04 PM
Message:
Maybe some confusion of terms or sequence here.
My state requires a pay or quit before the HEARING. None is required before filing. We can file the moment the rent is late.
If I do not issue a pay or quit in the prescribed number of days before the HEARING, if the judge asks about it, he could dismiss the case or I should ask for a continuance to comply with the time requirement.
--50.129.xxx.xxx |
notice (by Franco [NJ]) Posted on: Sep 1, 2011 4:58 AM
Message:
Thank you with your comments . Not trying to confuse anything . I have been railroaded from lawyers for the past two years on this tenant .Beside not paying the rent , I have 9 notice to cease , last year she did the same thing and showed up in court with the rent . She has been verbally abusing me and other tenants using profanity , calling police and fire department making false statements . I only wanted to see if by adding a new notice to quit would add to my ability to prove and facilitate eviction . --67.82.xx.xx |
notice (by Doug [NJ]) Posted on: Sep 1, 2011 8:18 AM
Message:
If you have already filed with court, you can send notice to quit if you've already sent notice to cease with the proper amount of time passed between, and then amend your court filing to include whatever this notice to quit is for. You need to closely follow the anti-eviction clauses for NJ, and stick to the timing of notices very strictly. You also have to make sure the language in your notices is correct, otherwise a judge is likely to throw it out in court. Basic language, you need to specifically identify which of the anti-eviction clauses you are filing under (ie, Nonpayment of rent, or habitual late payments, or breaking rules of your lease, etc.) and at the end of your notice, you must put a sentence stating that if they cease the behavior, they will not be subject to eviction. Notice to quit will also require 30 days before filing, so depending on when your court date is, you may not be able to add that in - I'm not sure if you can amend filing to include new violation if 30 days hasn't passed since I've never done that... --216.139.xxx.xxx |
notice (by rick [NJ]) Posted on: Sep 1, 2011 1:33 PM
Message:
Even after reviewing your Feb 8th post on Bad tenant, it’s impossible to answer your question, without knowing the reason for eviction under NJSA 2A: 18-61.1 a-q, to answer what good a Notice to Quit will do and what fact pattern for cause to issue a Notice to Quit
For example: Moving to evict under NJSA 2A: 18-61.1b Disorderly tenant, in general absent circumstances of violence against other tenants, you must bring witness i.e. tenants to testify in cases of noise or similar disorderly conduct: Housing authority of Newark v. Jones, 204 NJ super, 600 (App. Div. 1985)
Or say NJSA 2A: 18-61.1 (D&E) Violations of rules regulations and lease covenants Notice to cease and a one month notice to Quit is necessary, your problem in some of this fact pattern is you have no lease and what is required is the lease must have wording “a right to reentry is reserved to the landlord in the lease for a violation of such covenant or agreement, without that language within the lease recourse is for damages only not possession, Wehrle v. Landsman, 23 NJ Super 40, (Law Div. 1952)
Or say failure to pay rent after increase NJSA 2A: 18-61.1f, needs a valid notice to quit and notice of increase of said rent but one month notice to quit is required it seems the burden is on the landlord to show the increase is not unconscionable Formet properties v. Buel, 294 NJ Super 601, (App div. 1996)
Or a simple non-payment is excused as you know by the tenant making payment that day at court
It seems you have been dealing with this for 2 years been to court it seems a few times and have not prevailed , so without more facts not sure if you will once again loose or win this time impossible to say under the limited fact pattern
--68.38.xxx.xx |
notice (by Franco [NJ]) Posted on: Sep 3, 2011 5:44 AM
Message:
Thank you Doug, and Rick . That was very helpful info. --67.82.xx.xx |
Reply:
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