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I have an apartment (Edgewater, NJ) that I've been renting to a tenant for the past 5 years. Currently he's on a month-to-month rent with no contract in place.
I am getting married this year and am considering moving back into that apartment. I know there are special laws related to evicting a tenant due to the owner wanting to move in. However I'm a bit confused about the details, especially in a contract-less situation.
Do I need to give him 2 months notice (which I'll probably do)?
Good luck......I've heard horror stories from people trying to evict tenants from their rentals especially in the socialist state of NJ.....and this is WITH a contract agreement in place and evidence that such renters were devaluing the property and/or doing such things as leaving the water running, unsafe electrical hook ups, space heaters in apt (prohibited in the contract but they still did it), etc. etc.
It cost them thousands in legal fees and in some cases took years to get settled. One thing I do remember hearing is you cannot (contract or not) just throw someone out without going through a long, involved (read: expensive & life interrupting) legal eviction process.........never heard of an easy, pleasant eviction tale.
IMO.....if I were you, I'd offer to pay him to leave or contribute towards his relocation (obviously with some kind of legal agreement drawn up)......you'll wind up paying much more if you tell him he has to get out or else and he fights it......and he doesn't even have to fight it, just refuse to leave and make you jump through the hoops to make it happen (unless he just up and says "ok, I'll leave as you want"......of which there is probably a 0.00001 % chance of happening.)
If you have several hours (days?) here is a typical long winded, overly bloated legal system of rules regarding eviction of tenants in NJ....good luck in getting through it:
It is not that difficult to evict in NJ. I believe if you own the unit and wish to occupy it yourself, you may ask the tenant to leave. 60 days notice is fine as 30 days is probably required (IIRC).
You're still bound by the terms of the lease, it's just renewing on a monthly basis.
So, what did you write in about matters like these?
Also, five years is a long time, they must be a decent renter. So, talk with them. See what your schedule does with their schedule. March apartments can be hard to find when compared to, say, June. So see how you can work with each other, they must think you're a decent fellow to have stayed for five years.
It is not that difficult to evict in NJ. I believe if you own the unit and wish to occupy it yourself, you may ask the tenant to leave. 60 days notice is fine as 30 days is probably required (IIRC).
LOL.....on paper, sure.....but do you have any real world experience or know of anyone who has had to go through it in NJ?? I have.....and, yeah, you can "ask the tenant to leave"....the problem happens when they don't agree with you or refuse. So, unless the OP lucks out and the tenant will vacate with no problem they are in for a long expensive legal fight.
"Luckily, I have no experience with landlording in NJ, but from what I've read; its simply a nightmare.
Sure, you can go to court, and get your eviction papers in 3 or 4 months, but that won't do you too much good if the sheriff won't enforce that eviction for another year and a half. I don't mean to scare you, but of all the eviction horror stories I've heard, most originate from NJ."
I have to present the other side. I have had to ask tenants on month-to-month arrangements to leave twice, and both times it went fine. I warned them well in advance what I was thinking of doing, and gave them two months' formal notice. One found a new place right away and left me with a vacant apartment for several months before I could move in, which was a bummer, but it's only fair.
I had a landlord ask me to move because he had family moving in. I left before the 60 days was up. I think most people would unless if maybe they have a ridiculously good deal on their current apartment that they won't find elsewhere. The horror stories are probably few and far between but bad news always travels faster than good.
Hang on, so you two are saying that you talked it out like adults and things worked out just fine? Crazy.
Right? Hard to believe, isn't it?
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