Eviction of tenant w/o lease in NJ

Eviction of tenant w/o lease in NJ

Real Estate Agent · Mahwah, NJ · Member since 2015 · 7 posts · 1 vote

I think this is a simple question. I have a tenant whose lease is coming to an end. Without a lease, do I still need to go through the eviction process, or is there an easier legal remedy, like changing the locks.

I'm hoping for the latter, but fear it's the former.... even if they don't have a lease.

Thanks for any feedback.

Larry C.

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  • Little Falls, NJ · Member since 2014 · 88 posts · 49 votes
    10y
    Hi Larry, I would double check that lease. A lot of them are month to month after a year. The sad truth is once they are in your house they are in! People management is such a huge part of being a landlord. Hopefully you can be diplomatic about explaining to them you want them out when the lease is up. You might have to go as far as saying a family member has to move in. What's the reason you want them out?
  • Developer · Point Pleasant Beach, NJ · Member since 2015 · 303 posts · 216 votes
    10y

    Larry,

    You need to clarify a lot of things in your question.  If there is no lease, how is it coming to an end?  Does that mean there is a verbal lease?  Because that is still a lease.  Also, I assume this is a residential tenant.  Has the tenant been paying you or is he behind?  If he has been paying, you have no grounds for eviction, and without more information it seems it wouldnt make sense to evict a paying tenant.  If you mean you are looking to end his lease upon termination, you have to have a reason to end it in NJ or it makes things a little more difficult.   

    There are just too many factors missing from you question to really give a reasonable response.  

  • Investor · Bay Shore, NY · Member since 2014 · 1k+ posts · 688 votes
    10y

    @Larry Collins

    You need to follow proper evictions procedure and don't change the locks as this can land you in jail!

    Please read you state's guidelines regarding evictions that's show below.

    http://www.nj.gov/dca/divisions/codes/publications...

  • Rental Property Investor · Yardley, PA · Member since 2008 · 1k+ posts · 561 votes
    10y

    Couldn't he just inform the tenant that he will not be renewing the lease, then see if the tenant moves out on their own? Only need an eviction if the tenant stays.

  • Real Estate Agent · Mahwah, NJ · Member since 2015 · 7 posts · 1 vote
    10y

    Thank you for the responses. 

    This is a residential tenant that I fear will stay even after I've asked him to leave. The reasons I want him out (when the current lease ends) are varied and included things other than non-payment.

    Just a quick plug for BP. This was my first posting in BP forums. Other investors were reaching out to help within minutes! This really is a great site. Thx.

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