Weehawken non owner occupied two unit with tenant

[Jimmy Hanson]

Hi I’m purchasing a home in weehawken that currently has a tenant in smaller upstairs unit not renovated. First floor is renovated and vacant. I requested to have property vacant upon closing however the sellers tenant is refusing to leave because he lives in a non owner occupied unit. Is it possible to evict him before closing? I don’t want to lose my mort rate. Can they even be evicted if in rent controlled apartment in non owner occupied? Wondering if I should walk because this seems like it will take forever.

[Zaina Jouejati]

Hi @Jimmy Hanson Weehawken has specific laws regarding rent control and tenant eviction. If the tenant lives in a rent-controlled apartment, they generally have more protections. Evicting a tenant from a rent-controlled unit typically requires a valid legal reason, such as non-payment of rent, violation of lease terms, or the property owner wanting to occupy the unit themselves (owner-occupancy). The process can be lengthy and complex. Also I would check their lease because since the unit is currently non-owner occupied, it might be more challenging to evict the tenant unless there's a specific clause in their lease that allows for eviction under these circumstances. You can also try negotiating with the seller to handle the eviction process before the closing-- this will delay the closing but you can try to get them out and keep your mortgage rate! Hope I helped! 

[Marlene Arabia]

Jim, 

Do you plan to occupy the home or are you planning to rent both units out? 

Best,
Marlene 

[Jimmy Hanson]

The seller wants to occupy the entire home. It’s two units. 

[Jimmy Hanson]

My lawyer advise I claim it owner occupied and to sleep there once a week and give them thirty days. 

[Marlene Arabia]

I am a landlord/tenant lawyer in NJ, and you would not be able to evict him yourself until after closing. If you want it done before closing the seller would have to do it. However, keep in mind, it will likely take a few months to evict the tenant either way. 

[Jimmy Hanson]

How long does it take to evict the tenant and what exactky do you have to do?

[Marlene Arabia]

You have to file a complaint in Superior Court and appear for trial. Depending on the county it typically takes 2 to 3 months. 

[Jimmy Hanson]

Right but legally how do I get them out? Like how much notice? I rather not go to court because I will have to pay for a lawyer.

[Marlene Arabia]

If you are evicting on the basis of personal occupancy, you need to provide two months notice. Notice requirements have specific requirements. Thus, I would suggest hiring an attorney to draft it. Moreover, if the tenant fails to vacate after the notice requirement you will need to file a complaint in Superior Court in order to evict them. 

[Jimmy Hanson]

Two months even if owner occupied?