Late rent notice, already evicting for occupancy?

Question

I have a tenant who ive already served a notice to quit and I am waiting a hearing since October/November. She's month to month, lease expired before I purchased. Im evicting on the grounds of i want to occupy the unit. She has been paying in the meanwhile, late but pays. However, this month she has yet to pay as of today. Should I still give a notice of late rent which im the wording threats of eviction? Is it redundant because she's already being evicted? By the way, this is in NJ with the backed up landlord tenant court situation.

Scott Ehmer · Answer

You need to talk to your local real estate attorney. In my location, if you have terminated the tenancy and the tenant failed to move out, you have the right to file an unlawful detainer (eviction). If you start that process, then you end up accepting additional rent, you have negated your original termination of tenancy. You would now have a tenant that is on month to month status. I get the feeling that when you finally get to court, you are not going to have a good day.

Nathan Gesner · Answer

Giving notice of termination is required before filing for eviction, so it's safe to assume he's already done that.

Jonathan G. · Answer

@Nathan G. Why would you go straight to eviction ? The lease is month-to-month and all you have to do is send a notice of non-renewal.  Give the tenant the appropriate non renewal notice (depending on your state but usually 30 to 60 days notice but check with your State). If the tenant does not want to leave, don’t accept money because basically if you do, you are extending the lease. If the tenant doesn’t leave ,then you can Evict.

Going through the legal process to get someone out of your home is much easier when you’re just simply not renewing the lease rather than trying to come up with a reason for eviction.

Nathan Gesner · Answer

I would still post notice of rent due, rent is late, etc. I would not post additional 3-day Pay or Quit Notices or anything legal since that process has already been started.