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Old 08-26-2009, 03:36 PM
 
2 posts, read 3,974 times
Reputation: 10

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I really need HELP!PLEASE!
We are not native,just moved to jersey city last year and bought a house 4 months ago.
We rent out the other floor.
We let a newjersey city university girl moved in 3 months ago.She paid us $200 at that time and told us she just moved from kansas and her family would mail her a check later and then she can pay all.(deposit+first rent).
We trusted this lady,who told us she is a college student in newjersy city university,majored in journalism.
Untill now she still just paid that $200 and a bonding check!
We tried to talk to her but she didnt open the door.
And she is crazy,because she called police sunday midnight for being disturbed!!
And now she is totally crazy!Because just now I was so surprised to receive a call from tenent-landlord relationship or sth department,telling me she report me about holding her mail.And the truth is there is even no lock on the mailbox and everybody checks his own mail everyday.

The lawyer told me the whole process is about 1 month including going to court and getting an eviction.Now,all I need is not about the nonpaid rent,not about the money any more.I just want to please help,Is there a way to get her out of my house ASAP?
I know it favors tenents over the landlord in jersey city,I was wondering is there a way to handle that ASAP to protect the landlord who become the victim just because of trusting her?
THANKS SO MUCH!
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Old 08-26-2009, 04:14 PM
 
1,977 posts, read 7,726,536 times
Reputation: 1168
Nope, no quick way. Contact and attorny. Hopefully you have some savings or other income to get you through this. Once its all over (and hopefully she has not damaged the apartment) you will have learned that you always get money up front, do credit/backround checks and get a signed lease no matter what.
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Old 08-27-2009, 12:04 AM
 
Location: Bergen-Lafayette, JC NJ
80 posts, read 218,710 times
Reputation: 72
Take her to landlord tenant court. It used to be at 595 Newark avenue. Fill out complaint for non-payment of rent. (I don't know if the office is still there or if it moved to the new building at end of Corneilison Ave.) You can fill out the complaint yourself if you can't afford an atty. Make sure to bring proof of whatever she paid you, etc.) on trial date. The tenant used to have 9 days or so after hearing to come up with the rent in full, failing that, an officer padlocks her out of the apartment, unless the Judge finds special circumstances for mercy (!) The whole process took about 1 month.
Check out this link from NJ State Judiciary for landlord-tenant disputes (complaints for eviction): Landlord/Tenant Section Frequently Asked Questions
Good luck!
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Old 08-27-2009, 08:54 AM
 
106 posts, read 895,551 times
Reputation: 125
You aren't a "victim". You went into the business of being a landlord without bothering to find out how to properly run that business, and now you are seeing what happens when you run a business without bothering to learn anything about it first. Tenants are not favored over landlords in Jersey City. Each side has their own rights AND responsibilities. You can't ignore your responsibilities to yourself (or your tenant) and expect things to go well. Trust me, they won't.

When you say you "let out the other floor", are you talking about an illegal apartment or do you own a multi family house? If this is an illeagl apartment, hire a lawyer right now to handle this for you.

Do not ever, under any circumstances, give someone the keys and let them move in before you have the deposit and first months rent in full, in guaranteed funds. That means cash, bank check, certified check, etc. Once you give someone possession, they are your tenant even if they haven't paid you a dime.

You are required to have a secure mailbox for each unit.

If you own the building under your name (not an LLC or corporation) you can file a non-payment of rent complaint yourself. Go to 595 Newark Avenue and fill out the forms. The filing fee for one tenant in Jersey City is $28.00. It will take anywhere from two to three weeks to get a court date, sometimes a little longer. You will get a postcard with the date and time on it, and the courtroom number. If she doesn't have all the rent, you can have her evicted. You will have to file for a warrant of removal ($18.00 for one tenant in JC) and the warrant will be processed and posted on her door. The warrant will have a lock-out date on it. It takes the court 7 to 10 days to process the warrant and get it to the constable for service. The tenant has 3 business days after the warrant is posted to remove themselves from the premises or be locked out. The day before the lock-out date, you call the constable to set up a lock-out time. The constable will let you know his fees when you call.

Usually when a tenant gets a warrant of removal posted, they go to the court and apply for a stay for an orderly removal. The judge will automatically grant them a 7 day stay. If they do this, you will have to postpone the lock-out. The tenant could also pay the rent in full at any time during this process, and they will be allowed to stay.

If the tenant ends up staying because they pay all the rent, you will have to deal with the security deposit issue through notices. Hire a lawyer for that.
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