NON PAYMENT RENT - EVICT A TENANT NJ

11 Replies

so my tenants rent is due on 6th of every month since theyve been consistently late, we changed that date to the 15th.  There lease ends July 15th. they wanted to renew I already told them no.  They have not paid june 15ths rent.  They have not paid the secuirity deposit in full.  they have late fees they have not paid as well. 

I filed eviction yesterday, the tenant finally responded when i finally told them i will file eviction they said they dont care do what i have to do.  They said they have a baby on the way and they dont have time to find another place and i said thats fine at least pay the rent.  They said extend the lease and we will pay the rent.  I said no i told you i was not extending the lease, that you guys never pay on time.  They totally ignoring me now.  They are threatining me saying im a bad landord i never fix stuff, i always fix things for them and we had a leak the guy wouldnt let me in for a week so i fixed that as well. 

Now whats the next part people with non payment cases please help.  If we go to court they show up what happens will the judge order them to pay me or leave?  I got the tenant to sign a notice to quit as well.  They still have not paid or left the premise. @Lior Solomon @Darren Sager @Ibrahim Hughes

I am from NJ

They will need to have documentation of their claims that you are a terrible landlord, and honestly, if they're not paying their rent, it will be SUPER difficult for them to continue to stay.  

They'll have to pay rent into escrow to continue to fight for their right to stay ... so either they'll leave, or you'll get a little money, and then they'll leave.

Disclaimer: your experience may vary, Pittsburgh PA talking here.

@Jeremy Pace but what happens if they dont show up to court?

What if they show up to court and still dont pay what will the judge say?  Will the say pay the landlord or leave?  How does this process work?

I have a mortagage to pay and they arent paying me anything so i need some money coming in

Hey @Neil P. you can evict a tenant based upon NJSA 2A:18-61.1(j), which is for "Habitual late payment of rent without just cause" ONLY a month after you officially given them a cease notice.  It's required.  Unless you've officially served them this notice and have documented it, your case will likely be thrown out.  

What I've done when collecting payments that are mailed in is take notice of the envelope and the postal mark date.   I don't like taking any forms of rent payment outside of electronic sources anymore.  There's no reason if  a tenant owns a smart phone that they can't pay on time with the various available options for instant payment.  

Did you inherit these tenants or you took them in?  If you took them in what type of screening did you do?

Your area may be different. But in NC, if they have any claims against you, they must file those with the court before the hearing in order for the judge to listen to them. If they go to court with a sob story about they don't have a place to go, it will not matter. All you need to do is show the judge a valid lease and that you demanded the rent in writing and they did not pay. 

Again in NC, if ordered to vacate the premises, they have 10 days to pay or appeal the decision. After the ten days, you can have the sheriff remove them from the property. 

Down here, if you accept any partial payment and/or payment plan and they don't follow through, you will have to start the process over.

I recommend calling an eviction attorney- they will be able to guide you through the process and make sure all the forms are filed and paperwork is not missed, so that you can get those tenants out as soon as possible.

What county is the property in? If Mercer, I can make you a recommendation on an attorney, just let me know.

@Neil P. I'm with @Justin Fraser find a local lawyer as eviction laws are very specific.  Do you have a lawyer that you use for your general RE, if so he might be able to assist you with the specifics.

For future reference, I would document all communication with any tenants be it via email or text, this serves as proof that you have spoken to them if you ever need to bring it in court.  I would go as far documenting all repairs that you have done so that they can't utilize this as an argument against you.

Interested to hear about your screening process.

UPDATE:  SSo i went to court today, the judge ordered a judgement against them. They should be gone in about 15 days, for eviction unless they come up with the money. Now my question is can i still get paid ? for the rent i owe? they admitted to not paying me in court.  

@Justin Fraser @Darren Sager @Jeremy Pace @Angel Rosado @Steve Combs

@Neil P.

In my experience, there are a few steps.

1) Hearing, judge says that they have until X date to appeal

2) On that day, you have to file again, for possession of the property

3) You schedule a constable to come and have them removed (or at least, to stand their while you change all the locks)

4) You go to small claims court to enforce the monetary judgement.

It may not be exactly the same for you in your area, but that's the basic story of it.

You definitely don't want them to stay, whether they pay or not.  You want them out.

i went to the judge i filed the judgement i spoke to the eviction lady they said they will send a notice to the house and post it on the apartment within 5-10 business days then if they still dont pay in full they have an extra 3 business days to leave but if they dont leave by then the sherrif will remove them asap.  So it looks like 13 bbusiness days to fully remove them

But i want to file suit for my money i was wondering should i get on it now.  Cause in court they admitted they have not paid me the money so i want that evidence for trial when i got to small claims i should bring that recording with me right.