Jersey City - Non-paying tenant. Lease breaker. What do I do?

Question

Hey BiggerPockets community,

I own a two family property in Jersey City, NJ and I have been dealing with a non-paying tenant since early 2021.

She has not paid her rent since February 2021 but has been able to secure rental assistance through the program that the NJDCA offers. I received the checks late June/early July and it covered 5 months of rent. She still owes me rent from July 2021 and has not paid rent for January 2022. What a great, but predictable, way to start the new year. I will charge the late fee (because I finally can again).

She is due for recertification and according to the people I spoke with at the NJDCA they will again pay for all of her rent arrears plus an additional 3 months. However, the folks at NJDCA move SLOW!

This tenant is extremely disrespectful, lacks basic communication skills and is breaking the lease in more than one way. She has people living in the unit that are not supposed to be there, she has a dog in the unit although the lease clearly states no pets and her mother (who is not on the lease) continues to smoke in and around the property although the lease clearly states "No smoking". Last year, I called several lawyers to only be told "be patient because there is nothing we can do". But now that the moratorium on evictions is over, I want to do every and anything I can to get this lady out of my rental. Even if the rental assistance program comes through again. She has proven to be unreliable and I suspect that she is gaming the system. Her boyfriend (not on the lease) lives there and works a great paying job.

I know landlords in NJ have the right to remove someone from there property if they want to move in (This only pertains the small multi-facility properties I believe). And I do want to move into my property anyways because it is much closer to work.

I filed for eviction in March 2020, but the courts are so backed up. I do not have a court date yet.

What do I do?

Emmanuel Rosario · Answer

@Nathan G.undefined @Austin MonroeThanks for the help!I continue calling the rental assistance program to get that money! Then once it comes in, since they will pay three months in the future, I will tell her that she needs to move out in three months because I am moving in. I can do that since it is a 2 family. I will work with a lawyer to do this. And if she does "stay" I will then go with forcible eviction. I feel much better now that I have a gameplay. Thank you

Nathan Gesner · Answer

Let her stay for now. There's a very good chance our socialist programs will pay her back rent and maybe even some future rent. As soon as you receive that payment, let her know that you will be getting her out as soon as the money is spent.

Let's say she gets funding through March 31, 2022. On February 1st, 60 days prior to the money running out, give her written notice of lease violations for smoking, unauthorized animal, unauthorized occupants, and whatever else. Give her seven (7) days to correct the violations and pass an inspection. She won't pass. Then, 30 days prior to the money running out, give her written notice that you are terminating her lease for failing to comply with the terms. Tell her you expect her out no later than midnight on March 31, 2022 and that she is not required to clean. If she complies, you will walk through to ensure nothing was deliberately destroyed or stolen and then you'll hand her a full refund of the deposit and drop any other charges. If she refuses, then you'll start a forcible eviction for failing to comply with the terms of the lease.If she's got half a brain, she'll see the writing on the wall and take your offer. If not, you'll have documented reasons for terminating her lease.

Emmanuel Rosario · Answer

@Ishmael Johnson I believe so! I was told to send each warning twice, one regular and another express and keep the receipts. So they can't say "Oh I never saw those warnings"

Ishmael Johnson · Answer

All warnings have to be sent via certified mail?

Austin Monroe · Answer

If your lease or addenda mention no smoking, no pets, and no unscreened/unauthorized tenants, you can file eviction. Typically courts want to see "warnings" in the form of notices and violation fees in this instance as it is a little trickier than evicting for nonpayment of rent. If you have not been sending written notices of violation to the tenant, please start doing so now. That being said, with the outstanding rent balances, you should be able to file eviction for nonpayment of rent depending on NJ's Covid forgiveness policies

Jersey City - Non-paying tenant. Lease breaker. What do I do?

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