Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I would appreciate responses from fellow landlords or folks with knowledge in this area in NJ/Hudson County.
Yesterday I notified (via phone conversation) my 'At Will' tenant (no lease) that he has 30 days to move out of the unit. I will hand deliver a letter this evening to him (or his wife, if he's not home). I told him that after 30 days I would change the locks. To make a long story short, he has fallen on tough times, and after numerous arrangements to get back on track, he is in arrears ~$10k. I don't see how he's going to ever repay that, and he is unable to stay on track with our payment plan. The last straw was this weekend when he was to pay me an amount (which was already a week late per prior assurances) and there was yet another excuse. Bottom line is, he can't afford this apartment. This is a very hard situation as I take no joy in evicting anyone.
My question: what if the day comes (30+ days) and he hasn't left? How do I involve police/courts? Can I literally just change the locks? What if belongings are left in the apartment?
I would appreciate any insightful responses.
Last edited by stopea; 12-11-2017 at 08:32 AM..
Reason: added thanks at the end
You can not legally change the locks, don't do it as you will rain a huge headache on you!!! As for hand delivering a letter, don't, send it certified mail return receipt requested as a hand delivered you have no proof, tenant could lie and say they never received.
If he does not honor your request and vacate in 30 days you must file with the court in Hudson County for an eviction, and it may take months to get them out.
Then you can file a judgement for monies owed.
My guess? Tenant more than likely knows all the legalities involved so stick to the letter of the law.
Thanks for that input NJKATE - I'm surprised to hear that it can take several months to evict a tenant who has no lease. I was under the impression the tenant had less rights under month to month terms.
Thanks for that input NJKATE - I'm surprised to hear that it can take several months to evict a tenant who has no lease. I was under the impression the tenant had less rights under month to month terms.
In case of evictions even with no lease you have to follow the law.
My statement it could take months would depend on tenants circumstances and the judge.
Self-help evictions occur when the landlord or someone acting on the landlord’s behalf enters into
the dwelling unit without the permission of the tenant and without a judgment from the Court and
forces the tenant to move. A lockout occurs when the landlord padlocks your door or changes your
locks while you are not home and then refuses to allow you back into the premises. A lockout is
also when the landlord shuts off the utilities in attempt to force you to move. Self-help evictions or
lockouts made by the landlord are illegal in New Jersey.
If a landlord attempts a self-help eviction or lockout, the tenant should call the police. If the
landlord refuses to allow the tenant back into the premises after the police have warned the landlord
about the illegal procedure, the landlord may be charged with a disorderly person’s offense. Only a
judge can order a legal eviction.
I would appreciate responses from fellow landlords or folks with knowledge in this area in NJ/Hudson County.
Yesterday I notified (via phone conversation) my 'At Will' tenant (no lease) that he has 30 days to move out of the unit. I will hand deliver a letter this evening to him (or his wife, if he's not home). I told him that after 30 days I would change the locks. To make a long story short, he has fallen on tough times, and after numerous arrangements to get back on track, he is in arrears ~$10k. I don't see how he's going to ever repay that, and he is unable to stay on track with our payment plan. The last straw was this weekend when he was to pay me an amount (which was already a week late per prior assurances) and there was yet another excuse. Bottom line is, he can't afford this apartment. This is a very hard situation as I take no joy in evicting anyone.
My question: what if the day comes (30+ days) and he hasn't left? How do I involve police/courts? Can I literally just change the locks? What if belongings are left in the apartment?
I would appreciate any insightful responses.
You can definitely NOT just go change the locks. Doing so will get you in trouble and prolong the process. I recommend you contact a lawyer that specializes in Landlord/Tenant matters.
This link might offer some helpful info. http://www.njcourts.gov/forms/10289_info_landlords.pdf
You can definitely NOT just go change the locks. Doing so will get you in trouble and prolong the process. I recommend you contact a lawyer that specializes in Landlord/Tenant matters.
This link might offer some helpful info. http://www.njcourts.gov/forms/10289_info_landlords.pdf
For non payment of rent you don't need to incur lawyer fees, you can go to the courthouse yourself and fill out and file eviction papers.
For non payment of rent you don't need to incur lawyer fees, you can go to the courthouse yourself and fill out and file eviction papers.
Does non payment also include 'short payment'? I.e rent is $1,700 but only $1,000 paid each month. Each month I give him a statement showing the rent is $1,700 and his growing arrears.
Since you seem to be a New/inexperienced landlord, you need to get with a lawyer who does this sort of law, so you do thinks the right way.
Since you accepted "Some" rents, that does change things.
NJ is a VERY tenant friendly state.
You might do "Cash for Keys" Pay them to Get Out. You will never collect the back rents, They don't have it, and never will, It might take 2-3 months to get them out thru the courts. Its also winter, are there kids?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
