 eviction filing (by Emily [NJ]) Sep 3, 2012 3:18 AM
 eviction filing (by proofstyle [PA]) Sep 3, 2012 4:49 AM
eviction filing (by rick [NJ]) Sep 3, 2012 7:32 AM
eviction filing (by Emily [NJ]) Sep 3, 2012 8:58 AM
eviction filing (by Blue [IL]) Sep 3, 2012 10:51 AM
eviction filing (by emily [NJ]) Sep 3, 2012 11:07 AM
eviction filing (by emily [NJ]) Sep 3, 2012 11:07 AM
eviction filing (by proofstyle [PA]) Sep 4, 2012 2:13 AM
eviction filing (by Emily [NJ]) Sep 4, 2012 2:26 AM
eviction filing (by joey [NJ]) Sep 4, 2012 11:43 AM
eviction filing (by Emily [NJ]) Posted on: Sep 3, 2012 3:18 AM
Message:
State Specific Question About: NEW JERSEY (NJ)
Tomorrow I have to file for eviction... again. (Last time it was for unpaid rent and they paid rent at the hearing.) We bought the house on July 13th. The lease ended on July 31st. We gave notice to vacate by August 31st on July 16th. We will reject September rent if it is received.
My question is, what should I write for the reason for eviction on the "Certification by Landlord" form. First of all, should I evict based on unpaid rent, even though I told them I would reject it if they did send it? I don't think they will send it. Other reasons:
1. They no longer have a lease and we gave them notice to vacate Aug 31st. How do I write this on the form? "Staying without lease"?
2. Owner move-in (since we are planning to move into their apartment when they leave).
Maybe I should hire a lawyer to handle this? The problem is, we really don't have any money left... This is the first house we've owned and we used most of our savings on the down-payment. We've already spent a lot of money on legal fees and fixing up the apartment that we are currently living in so that it is ready to rent out. We haven't any debt, other than the mortgage, so I suppose we could go that route, but would rather not.
--96.242.xx.xx |
eviction filing (by proofstyle [PA]) Posted on: Sep 3, 2012 4:49 AM
Message:
New Jersey is not a Landlord friendly state. A good lawyer is a necessary tool. --68.83.xxx.xx |
eviction filing (by rick [NJ]) Posted on: Sep 3, 2012 7:32 AM
Message:
In order to evict for owner seeking to personally occupy the unit, a 2 month notice to Quit is required,
On the other route, hold over tenant, a notice to cease is necessary to terminate the pre-existing tenancy and a one month notice to quit with demand for possession is also required
You may want to attend the next landlord tenant court at your local county court house, there should be a few lawyers handling majority of cases, grab a few cards, observe them at work in the court room and select one
If you go for non-payment, do not forget if the tenant can produce the monies at the court date you must accept the monies and the case is dismissed
--68.38.xxx.xxx |
eviction filing (by Emily [NJ]) Posted on: Sep 3, 2012 8:58 AM
Message:
Hi,
Thanks so much!
I think I will put "Hold over tenant" as the reason for eviction.
I don't think we need to give them a one-month notice to quit because the house is owner-occupied. We gave them notice to vacate the premises by August 31st.
I noticed that owner-occupied buildings are exceptions to the "eviction for cause":
Exceptions to eviction for cause
Almost all tenants are covered by the Anti-Eviction Act. However, the law does not apply to tenants residing in buildings or houses with three or fewer apartments where the owner lives in one of the apartments. This is known as the “owner-occupied” exception. Tenants subject to the owner-occupied exception may be evicted at the end of the lease term for any reason. If you are a month-to-month tenant living in a building with three or fewer apartments and your landlord lives in one of those apartments, the landlord needs only to give you a month’s notice to quit before taking you to court. Cite: N.J.S.A. 2A:18-53. --96.242.xx.xx |
eviction filing (by Blue [IL]) Posted on: Sep 3, 2012 10:51 AM
Message:
Yes, definitely holdover tenant. In IL, they can be responsible for double rent. --108.83.xx.xxx |
eviction filing (by emily [NJ]) Posted on: Sep 3, 2012 11:07 AM
Message:
In NJ they are also responsible for double rent. I think I'd have to sue for that separately, right? --96.242.xx.xx |
eviction filing (by emily [NJ]) Posted on: Sep 3, 2012 11:07 AM
Message:
In NJ they are also responsible for double rent. I think I'd have to sue for that separately, right? --96.242.xx.xx |
eviction filing (by proofstyle [PA]) Posted on: Sep 4, 2012 2:13 AM
Message:
I believe the "owner occupied" exception is based on CURRENT residence. --68.83.xxx.xx |
eviction filing (by Emily [NJ]) Posted on: Sep 4, 2012 2:26 AM
Message:
We are currently living in the house and have been since July 14th. --96.242.xx.xx |
eviction filing (by joey [NJ]) Posted on: Sep 4, 2012 11:43 AM
Message:
do you have the NJ Truth in Renting handbook put out by the state? it costs a couple bucks if i recall, and is great resoource. You are correct, as owner occupied unit, you have much greater lenencies in dealing with tenants and evicting. --80.179.xxx.xxx |
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