Investor · Jersey City, NJ · Member since 2015 · 304 posts · 48 votes
Hi, I just bought a home, it's a two family/floor home.
tenants are there on 2nd floor living on month to month lease, we are living on first floor.
I told him to leave with one month notice, but he said 2 months.
I was ok with 2 months, but in the conversation he tried to threat me that he knows law etc.
I am sure , he will not leave after 2 months also. his wife is pregnant with 3rd baby.
Now, I am not feeling comfortable with them, so I want them to leave in one month only.
Can somebody help me to get perfect legal form for 1 month notice ,also what to do if tomorrow tenant say that he never received any notice, I asked them for email id he said that he doesn't has any email id, his wife is pregnant does he can use that excuse.
Attorney · NJ · Member since 2016 · 1k+ posts · 794 votes
9y
Ray Reed has it right. And then after the notice to quit expires, you have to file a complaint in the Superior Court, Special Civil Part, Landlord-Tenant Division. They have forms you can fill out online. It will take you way longer to get them out legally than just the 30 days either way, though, and if you don't end things amicably, you risk them leaving the place a mess out of spite. May be best to try to compromise on 45 days, or something you can both live with, if possible?
Investor · Jersey City, NJ · Member since 2015 · 304 posts · 48 votes
9y
I closed because I thought it should not be a big problem, they are on month to month lease, so we will give 1 month notice.
We were renting for the last 13 years, never had any issue with any landlord, never miss or delayed any payment, I still have good relation with all landlords.
There is a signed lease of month to month from previous owner, that I got as part of closing.
I could slap them with 1 month notice without any talk to them on day one only ,I knew that verbal talk is nothing in terms of legality,I just talked to them frequently because I wanted to be nice landlord, but for some people "Nice" mean "weak".
I closed because I thought it should not be a big problem, they are on month to month lease, so we will give 1 month notice.
We were renting for the last 13 years, never had any issue with any landlord, never miss or delayed any payment, I still have good relation with all landlords.
There is a signed lease of month to month from previous owner, that I got as part of closing.
I could slap them with 1 month notice without any talk to them on day one only ,I knew that verbal talk is nothing in terms of legality,I just talked to them frequently because I wanted to be nice landlord, but for some people "Nice" mean "weak".
"Nice" means "weak' is 1000% true in this business. I am an a**hole with a rare display of human emotion(s). They just have to make sure if they want this a**hole on their side or on the other side. As a fellow landlord to another rookie landlord. Suck it up for another month or two, and get yourself a termination notice. Maybe pay a lawyer to write it for you or get it from a realtor and make him sign the release date of your house. Be nice. Go with a nice smile on your face. Wish him Merry Christmas and New Year. See if he is amenable.
Investor · Linden, NJ · Member since 2016 · 190 posts · 116 votes
9y
he didn't give you his email address and he isn't responding to your texts because he knows until you send him something in writing, he can deny he received proper notice. did you put in the purchase contract that you wanted the unit empty?
i am not sure where his father's home comes into play here?
Read it, Print it, Memorize it. You will not regret it. You will learn soon emotions get you nowhere. And that manual will be the first place a tenant will turn to when they are googling how to screw you over.
I feel like this guy will really try to screw you over if you go the eviction rout. Just as @Jessica Zolotorofe mentioned earlier, they may damage the property out of spite. The eviction process is long and they will live rent free if they just decide to stop paying you during the process.
This may not be the best option...However its one to consider. Consider "cash for keys". Pay them enough money to have them leave right away and get into someone elses appartment. You wont risk months of lost rent and could avoid the damages.
Investor · Whippany, NJ · Member since 2010 · 356 posts · 104 votes
9y
Please get a lawyer that specializes in NJ Tenant/Landlord issues. Do not try to do this on your own to save a few bucks. Its part of the business. That is the only way to do it right and not get in trouble. If you haven't offered cash for keys yet I would try that first; you never know even though it goes against your beliefs.