Trying to evict a tenant based on owner occupied ending of lease.

[Sara Ramirez]

Background: I work in California ( in short contract assignment) but my permanent and domicile address is in union city NJ in a triplex that I bought last year. I have a section 8 tenant from hell. There have been lease violations, including her son attempting to assault my dad twice, and lived there for months in violation of lease.pl Police reports filed for the attempted assault .. waiting con court.. it's a very tenant friendly town and I was told the fastest way out would be to evict the tenant via : owner occupied eviction due to lease termination.. I sent a letter to evict and a volunteer lawyer returned saying I can't evict because I'm techinicslly not living there.. I consulted a lawyer and she said I pay taxes and everything there so I'm a valid live in owner.. so my questions are: 

what is the legal code ( which I have to cite in letter ) for this type of eviction?

should I take the time to evict her for violations ( that she can potentially dispute and drag out)??

does anyone have any advice?

[Earl White]

Owner-Occupancy as a Ground for Eviction. For the citation to the statute for moving into a 3-family see N.J.S.A. 2A:18-61.1(l)(3) - which allows eviction when the owner with three residential units or fewer to eviction when seeking to personally occupy a unit.

Before filing for possession under subsection (l)(3), landlord must serve a written notice to quit at least two months prior to the proposed termination of tenancy - see N.J.S.A. 2A:18-61.2(f). The notice must clearly state the statutory ground for eviction.

Six-Month Owner-Occupancy Requirement. You must reside at the unit for six months after the eviction as required by N.J.S.A. 2A:18-61.6(b). If not, penalty in favor of former tenant in a civil action for three times the damages plus the tenant's attorney fees and costs.

Alternative Grounds for Eviction Based on Misconduct

For the conduct/breach of lease claims consider:

• N.J.S.A. 2A:18-61.1(b): A tenant who has continued to be, after written notice to cease, so disorderly as to destroy the peace and quiet of other occupants or neighbors.
• N.J.S.A. 2A:18-61.1(c): A tenant who has willfully or by gross negligence caused or allowed substantial damage to the rental property.
• N.J.S.A. 2A:18-61.1(d): A tenant who has continued, after written notice to cease, to substantially violate reasonable rules and regulations accepted in writing or made part of the lease at the beginning of the term.

The notice requirements for these are most fact sensitive. Typically, suggested to give two written notices before going to court – there are ways around this but with Section 8 it gets more complicated.

Additional Notice Requirements for Section 8 Tenancies. There are additional notice requirements for Section 8 tenants. See link here.