So . . I finally got my first multi family and have problems smh .. The tenant in the one apartment is the same from previous owner. They're not paying rent and are 23 days late.. I sent out a notice for future rent payments, and a late payment letter. Also spoke with tenants personally but they just keep saying tomorrow. . . I've come to the conclusion they're going to be a headache and don't plan to pay. . . I want to get the eviction process going. Do I need to give them notice to quit before filing a court day? Or once a tenant is late I'm able to start eviction process with courts ??
Issue pay or quit notice
Then file eviction 3 days later (check your state)
You definitely need them out of there.
You could also offer cash for keys
@Joseph Tarallo you need to start "the process of eviction" ASAP. I don't know your state laws but hopefully someone from New Jersey will see this and chime in. Generally the process is that you must give them notice that you are going to file an eviction and then if they don't pay you file. Usually there is specific language you must use in your notices etc.
The best route is to find a local attorney that specializes in representing landlords. Every major area has them. They handle more than 50% of the eviction cases in your county. Google for attorneys also if the local county court records are online you can sometimes search and see who does the most. You might be able to call the court on Monday and if you get lucky someone from the court might share a couple of names. Finally if you have the time make a trip down to the court and watch the eviction proceedings. It is very educational. Call ahead to make sure that they have evictions that day as some smaller courts only do them on specific days.
To move the fastest you will want an attorney and not a DIY. You might also be able to google landlord tenants laws for your state and learn some more.
Post back if you have specific questions about he process.
Hey, do not wait, file for eviction, more you wait more they stay, and eviction process takes time, I am from new jersey and i have few multifamily houses.
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Non payment of rent constitutes grounds for eviction in NJ WITHOUT notice. This is the only time a notice to quit is not required. A quick Google search for NJ eviction law should be able to verify this. You can download the necessary forms on the NJ state website. Pretty simple process.
You need to take the time to sit down and study your state landlord tenant regulations. They are the bible for your business and should be learned before you purchased a property.
Now is the time to learn how your business is operated before you proceed any farther if you want to do it right.
I agree with @Thomas S. I encourage new landlords to know this info before they start, but this will be a great learning experience for you. NJ laws allow you to commence eviction process immediately, without notice UNLESS the tenant has habitually paid late, then 30-days notice is required.
In addition to having an understanding of the law, I would encourage you to find a good attorney who SPECIALIZES in landlord/tenant law. After doing this for 10 years, with my own portfolio and client's, I've never handled an eviction myself. Just like I don't handle HVAC issues, plumbing repairs or roofing calls. Some things are best handled by an expert. They will be your best asset. It is worth every penny to have them handle the eviction process.
If you have any other questions, don't hesitate to ask. Keep me mosted, good luck!
@Joseph Tarallo Unless a Quit Notice is required by their lease (which no one else here mentioned) then no Cease Notice Requirement is needed in NJ.
So, if you received a copy of their lease when you closed read over it first to see if they Quit Notice is required. If not, what are you waiting for go file.
If you don't have a copy of their lease, send the Quit Notice anyway registered mail and cover your backside. Then go file.
@darrensager. . THANKS DARREN . . Today is the 23rd, 23 days late and tenants text me today saying they have partial rent. That they can give me half today. I was already planning to file the eviction.
My next question is what if I start the eviction process and get a court hearing. Then they show up to court and pay ? Do I have to accept their payment?
First off @Joseph Tarallo I don't accept partial payments. All or nothing in my book. And from what I understand partial payments starts the process all over again with them being late even if they didn't pay in full. I have to check my lease I think I even have a section that mentions no partial payments. Secondly to answer your question yes you will in most cases have to accept their payment. If they habitually pay late you can file for eviction based upon that. Make sure you have in your lease that you can recover all costs associated with enforcing your lease, which means you can recoup court fees.
@Joseph Tarallo I think it's great news that they promise to make a partial payment. Hopefully they will come through. For me with it being 25 days late and the next month is just around the corner, I don't think they will get caught up, ever. So you have to weigh the money you get for partial against the time lost in accepting partial payment. For me it's a financial decision. Figure out what works for you.
@Joseph Tarallo Do not accept partial payment. File on them immediately! Rent is due on the first of the month. If not received by the fifth of the month, $100.00 Late Fee. If not received by the Tenth of the month, file on them.
You should make sure your rental is registered with the town/city (or the Bureau of Housing for a multiple dwelling unit) as a rental and that you notify the tenant with the form. This is required by law and is item 7 on the landlord-tenant complaint you will file with the county court clerk. The judge will also ask you during the trial if your registration is current. More info: Landlord Registration
Ask how much the check is for. If it's at least 1/2 I'd take the money and file UD right after the 1st of the month and include past rent due and current rents due.
You may want to consider adding clause to you lease that permits you to accept partial rent payments. We'd take partial payments and 5 days later give another pay or quit, was fine per our state law to do, if they had balance owed larger than $350.00 we would file, we wanted to try and keep the security deposit funds to equal to court and evictions costs, which kept the tenant bringing in rents usually because they wanted to avoid the UD record on housing.
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