Trying to evict a tenant based on owner occupied ending of lease.
Member since 2025 · 2 posts · 1 vote
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?
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:
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.
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?
I don’t live in New Jersey, but a lease agreement is for a preset amount of time. At that end of the lease agreement the owner has the right to withdraw the ability to re- lease the unit to the same tenant if they so choose. In other words once the lease is up, you can reclaim your rental. Usually there is a notice required to do this… in Florida is a maximum of 2 months, but depends on the length of the lease.
I would suggest googling landlord tenant laws, and New Jersey, which should take you to the statutes surrounding your state. In Florida it’s about a 10 minute read… and is very straightforward. It should spell things out for you.
Hope it helps.
Randy
Two options: end the lease or break the lease. Don't keep going as you are.
You can choose to non-renew the lease. Read your lease terms. Section 8 is typically 60-day notice after the first year. That will eliminate your tenant from having a right to be there. The nice thing about this approach is it should be no-cost and you can get Section 8 on your side. Your tenant can lose the voucher if they become a holdover tenant.
Breaking the lease leverages your lease violations. You inform your tenant and Section 8 that assault and your other issues are not permitted according to your lease and you are ending it with the proper notice. The tenant can contest this one, so you will want to have evidence ready.
You will want to run your situation by a lawyer as you don't want to mess this up. You need local NJ law and Section 8 legal expertise.
Its very simple. You call an eviction attorney. Tell him that you plan to relocate and move back into the unit. He'll send the proper notices according to law, and after judgement, a sheriff will remove your tenant. Then you MUST move in or you're in trouble. I suggest you read your NJ landlord/tenant laws. I certainly don't know what they are. But , you should be able to inhabit a property that you own if the tenant lease is up, or he's on month to month.
If you want to break the lease to move in, you have to move in. Otherwise, evict the tenant for violating the lease or do not renew the lease. Also call section 8 and talk to them. They are pretty strict and if their son is living there and isn't on the lease, that person may lose their housing allowance. Also if your dad is living in one of the units and there is a police record of the assault find out from an attorney if having a restraining order issued against the son will help.
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:
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.
Thank you to everyone, for your advice. unfortunately moving in myself at this moment is not an option. As far as the assaults there are no convictions yet. I will proceeding with hiring a lawyer