NJ Eivction landlord experience

Investor · Perrineville, NJ · Member since 2015 · 15 posts · 11 votes

9y

Hi Joe

I have a few properties in NJ and just went through the process in Burlington. Shoot me a PM and I can give you some some insight etc

0 Reply

Kurt Kwart

Specialist · Atlantic City, NJ · Member since 2013 · 431 posts · 170 votes

9y

Originally posted by @Joe Leung:

Hi all,

I have few properties in New Jersey for few years. I realized the passive income is not really a passive income as the tenant call you for repairs- the fence, leaking basement, driveway crack, dishwasher, water heater broken, central air, HVAC, install new door lock, pass inspection, to clean up the house after tenant move out etc etc etc. I feel like this is so much work but I still enjoy doing that until...........

I have a tenant was behind the rent. He used to have a good job and pay very on time. Ever since he lost his job 2 years ago the rent started behind. He has been trying to pay but he just couldn't keep up. I arranged with him to pay weekly but he still couldn't keep up. I have to keep tracking his rent balance constantly and he always text me about his family problems-wife fracture, son sick, car accident, mother in nursing home, father in hospital.... I started to get very tired of his problem and I am not his family therapist. Few weeks ago I asked him to pay the rent for the rest of the month and he text me back that he will pay me only when he has money. He didn't give me the date. So I told him if he doesn't pay at the end of the day then I will file for eviction for non-payment. He was very upset blaming me putting his children in danger and made his family homeless.

In New Jersey, I don't need to have Notice for Non-payment. Ever since then I couldn't sleep. I'm feeling very panicky everyday since. This is my first tenant doesn't pay me. I'm so worries that he may damage my house, he may countersue me, the court may extend his stay for 6 months or more as he has 2 children under 18 and he is on disability.

The more I read about the New Jersey Landlord/Tenant Law the more I realize NJ is tenant friendly state. I'm afraid the court may dismiss my eviction case because I accept $200 of $2000.00 (prior I file for eviction) as partial rent so this is not consider as NON-PAYMENT, or the court said the tenant is Habitual Late Payment that I should send him Notice to Cease first. Or maybe the court give them 6 months or more because he is using "HARDSHIP" as a reason. The lease will end in a month and New Jersey tenant does not have to move out at the end of the lease. Landlord must allowed tenant to renew the lease unless there is a good cause. the good cause is non payment but then what if I don't win the eviction or the tenant paid me on the eviction date then the good cause (non payment) can not be used to terminate the lease. Tenant doesn't pay the rent is the worst nightmare for the landlord especially the law is on tenant side. I have mortgage, insurance, repair bills to pay but I can't eviction them instantly, and letting them destroy the house and living for free.

Has anyone experience this kind of stress before? Is this mean I have to suffer 6 months no rent, eviction file after file, clean up the house and repair the damage? Where is the justice? I really couldn't afford the mortgage. Can anyone give me some idea what I should do?

Thank you

I've been there, my first rental and tenant crushed me... swindled me into an illegal section 8 deal and played me like a fiddle. I thought I was going to lose the house and she knew how to work the system. Foolishly, I showed up to court with no representation and she had free council. I felt like crying at the end, it was a painful lesson but of my own making.

If you are local, go to the court house on the day they do landlord/tenants and find the lawyers that are representing lots of owners. You need to lawyer up, it will save you money.

2 Reply

Joe Leung

OP

Investor · Bordentown, NJ · Member since 2017 · 9 posts · 1 vote

9y

Hi,

I thought about presenting myself but I don't have confidence and what to expect in court. I hired a lawyer from google search. I tried to use Turboevict but they can't help me since I already filed the eviction already. It is a great idea to search an experience eviction lawyer in court. I wish I posted this earlier.

I just want the trial to get it done ASAP so I can sleep peacefully. Eviction for non-payment is very straight forward. No pay -No stay. But New Jersey has anti-eviction laws, landlord/tenant laws in favor to the renters. All paper works has to file correctly. Then the judge can decide how long the tenant can stay. I have heard the Judge always give tenant 3-6 months for a family with minor to stay free before judgement of possession. That means I will lose 6 months rent after court in addition to my past 2 months rent due. The WORST NIGHTMARE is the tenant file for motion for extension to stay, then clean up and repair. I don't have 1 year reserve to keep paying mortgage, repair, lawyer and court fees without rental income.

Anyone has any experience how long the tenant with minor for non-payment can stay?

thank you

Joe

0 Reply

AL-Teef Jones

Newark, NJ · Member since 2016 · 37 posts · 9 votes

9y

if you don't mind me asking... what area of Jersey is this house? How'd you go about tenant screening in the beginning?

0 Reply

Joe Leung

OP

Investor · Bordentown, NJ · Member since 2017 · 9 posts · 1 vote

9y

Hi Al,

My house is in Hamilton. I have him for 4 years. The family was used to make a lot of money. Somehow he lost his job and he hasn't been found another job. He told me a year ago he is suing his company and will get a lot of money from them. It's over a year now and he can't pay his rent. I have my broken did the screening 4 years ago and he was making a lot of money. I heard tenant renewal doesn't need re-screening so I didn't do it 2 years ago.

1 Reply

Mason Peacock

La Mirada, CA · Member since 2017 · 33 posts · 11 votes

9y

Am I the only one that finds it absurd that a judge can say this guy can stay 6+ months, rent free?

0 Reply

Joe Leung

OP

Investor · Bordentown, NJ · Member since 2017 · 9 posts · 1 vote

9y

Hi Mason,

I have heard many stories in New Jersey a judge can grant a tenant stay in the house for up to 6 months. This is written in New Jersey Landlord/Tenant book. Does this happen to where you live in California? The law also said tenant can not be evicted when he/she paid the all dues on eviction hearing day. The Landlord must let the tenant stay if he/she paid. If Landlord refused to accept the rent, the civil court will hold the rent but the tenant still can stay. The law also said the tenant is not required to move out when the lease is ended. The landlord must give GOOD CAUSE for non-renewal---Example of a good cause is non payment of rent. Of course non-payment of rent is non-renewal. Who is going to renew the lease when the tenant is not paying you???!!!!

NJ law is so discriminated against landlord.

0 Reply

Gary Fare

Investor · Perrineville, NJ · Member since 2015 · 15 posts · 11 votes

9y

I had an issue with a tenant in NJ, very close to Hamilton. Tenant did not pay rent, I filed and was on the docket the next month. Tenant could not pay and a notice to quit was issued. Lost two months rent but the tenant was out in 2 months. Not terrible. Outside section 8 or anything government related, you don't really need a lawyer. Procedure is not very difficult. However, if you file the complain under an LLC its required to have an attorney.

1 Reply

Harel Nadav

Investor · Cliffside Park, NJ · Member since 2016 · 14 posts · 6 votes

9y

Going through similar process in NJ, the Judge made the tenant put the rent in escrow in order to proceed with the deliberation. He had to back pay everything he owed and be current with his payment before the judge will hear him.

He did reach out to his friends and family the last minute, back paid everything and before it was time to show up in court a new month started. He could not come up with the money so eviction took place couple of weeks after.

1. Make sure you make attempts to repair what is necessary if they complain

2. Get an attorney. They go through it every day and know how to deal with it. It is money well spent.

0 Reply

Joe Leung

OP

Investor · Bordentown, NJ · Member since 2017 · 9 posts · 1 vote

9y

Hi Gary,

I thought you don't need notice to quit for non-payment. Why did you issue Notice to Quit?

you said you lost 2 months rent and the tenant was out in 2 months. Is this 4 months total? or 2 months?

My concern is the tenant 1)may get upset and destroy the property 2) making false claim like Inhabitable, already paid rent, sick and reschedule the court, made a bounce check on eviction hearing, file appeal, file motions to delay the eviction process. 3) using he has 2 minors under 18 in the house to have extension to stay.

The lease is end in 8/31/17. But I can't evict the tenant just because the lease is end. So now I am dealing with non payment of rent and non renewal of the lease because of non payment. I am also concerned if the tenant pay just the rent without lawyer fee/late fee and let them to stay then the lease is automatic renew to month to month. What if the tenant do this again?

0 Reply

Johann Jells

Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes

9y

Joe, you need to take a deep breath and read up on your rights and the procedures. http://www.state.nj.us/dca/divisions/codes/publica...

As said above, if they show up in court without the rent owed, they're done. It's over. The court is not THAT tenant friendly, and complaints about rats or maintenance will get them nowhere without the cash there.

1 Reply

Scott Weaner

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

9y

I would suggest using a good eviction attorney.

In Mercer County, Joe Mooney has a good reputation among landlords.

0 Reply

Joe Leung

OP

Investor · Bordentown, NJ · Member since 2017 · 9 posts · 1 vote

9y

Hi Scott,

I heard about Joe Mooney. I called him one time but he was too busy. I have another lawyer working on the case. I'm not sure how good he is.

Hi Johann,

I read "The Truth of Renting". I feel so panic after I read the rights for the tenant. The book even teach tenant number of days to send Notice of Quit, leasing ending is not ending.... , legal rights...etc etc. I just hope the Judge be fair and get the eviction. Do you know I have NEVER EVER in COURT. I've never watched any live court tv shows. When I was in college, l failed TWICE in Law 101. The conversation in Court is like a foreign language to me. Let along I am very nervous to speak in public. Now I am standing in front of a Judge. I am hoping my lawyer will do all the talking. I just want to answer YES or NO.

Hi Harel,

On your eviction, how many months from your tenant not paying you until the eviction? How much money you lost on your rental in those time?

Thank you

Joe

0 Reply

Account Closed

Investor · Singapore · Member since 2013 · 1k+ posts · 3k+ votes

9y

@Joe Leung You need a PM. You dont have the temperament to be a landlord. If this causes you this much stress, either sell the property or get a PM to deal with it. The little cash flow you get from this is not worth the stress. Especially if you cant afford the mortgage without rent, you really should sell it.

4 Reply

Joe Leung

OP

Investor · Bordentown, NJ · Member since 2017 · 9 posts · 1 vote

9y

Hi Anish,

I am looking into property management too. I know they charge about 10% but that just the basic. I am still a little skeptical about PM. I'm afraid the PM will just find low quality family so they could get commission. exaggerate repair so they get more $$$. I want a PM that can deal with eviction and repair. I have search on the internet and I couldn't find any PM nearby Trenton, Hamilton and Princeton area.

0 Reply

Odie Ayaga

Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes

9y

Hi @Joe Leung. It sounds like you're leaning pretty heavily on the strength of your internet searches. Reach out here, at REIA's, people you know to find good lawyers, PMs, people you need for you BUSINESS to function so you don't have to live under a cloud of stress. You shouldn't be Googling eviction attorneys and property managers after things go wrong to fix your problems, you should be getting recommendations from people as to who to use before you even purchase. If you haven't already searched or don't already have posts here on BP searching for good eviction attorneys in NJ or good property managers in NJ, now's the time to get to it. Good luck!

1 Reply

Joe Leung

OP

Investor · Bordentown, NJ · Member since 2017 · 9 posts · 1 vote

9y

Hi Odie Ayaga

REIA? This is the first time I heard of it. I google a lot of information about landlord and eviction but REIA is something I have never heard of. It looks like REIA is nationwide. Thank you so much for the information.

0 Reply

Odie Ayaga

Specialist · Delran, NJ · Member since 2016 · 2k+ posts · 951 votes

9y

No problem. You should be in SJREIA territory. There's a meeting in central jersey Thursday hosted by a two-time BP podcaster @Matt Faircloth with a presentation by another BP podcast alum @Dave Van Horn.

1 Reply

Kurt Kwart

Specialist · Atlantic City, NJ · Member since 2013 · 431 posts · 170 votes

9y

Originally posted by @Joe Leung:

Hi Scott,

I heard about Joe Mooney. I called him one time but he was too busy. I have another lawyer working on the case. I'm not sure how good he is.

What does too busy mean?

0 Reply

Jonathan R McLaughlin

Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes

9y

Dear Joe,

I hope this starts going better for you and I hope my comments are taken as helpful. You need to step back and stop feeding your imagination with imaginary worst case scenarios. Everything you mention could happen, I guess, though it may very well not, and in the meantime you aren't moving on fixing the problem in front of you.

You are bashing the state based on an imaginary outcome to a process you haven't yet set in motion. Courts tend to try and do the right thing actually, but just remember, you aren't the only stakeholder here.

For instance, its not the fault of the guys minor children he isn't paying rent, and the state has an obligation to protect them, just as it has an obligation to protect your property interests. A judge or magistrate weighing competing interests is likely to give them as much support as you, more in fact since they are helpless.

You, on the other hand, are assumed to be someone who has the means to protect himself, means very clearly laid out in state law. If you don't use those means, don't blame others for your own inaction.

Delay based on potential bad outcomes is almost certain to produce a worse outcome, so use the means at your disposal to get moving. Hire a lawyer, get the tenant out, look into a management company (agree with the above poster based on what I have read). Broaden your possibilities. What if you gave the guy cash to get out? Its a suggestion used a lot here that might work and might help all of you.

good luck!

0 Reply

Matt FairclothPro Member

Rental Property Investor · Trenton, NJ · Member since 2014 · 136 posts · 155 votes

9y

@Odie Ayaga Thanks for bringing me into this feed. @Joe Leung , first of all you worry too much, LOL! It's going to be OK, I promise. You just need to start taking some action. Not taking action and worrying will not get you to a resolution.

We own and manage over 100 units in Mercer County alone, and have had plenty of tenant problems. As much as the tenant may damage the unit on their way out the door, it's better than them not paying you rent each month, take my word on that.

Joe Mooney is the man for you. All Mercer County landlords use him. You probably called his office and wanted to talk to him directly. Not going to happen with Joe, LOL. He's too busy for me too and I've known him for 10 years. Just call his office and tell them that you want to file an eviction. They will talk you through it. You will need to send them a copy of your lease and a transaction summary showing payments and charges. They will take it from there. They process around 40 evictions a week out of that office, you will be in good hands.

In general, Mercer County NJ is fairly landlord friendly. You can get non paying tenants out in 5 to 6 weeks. If they request a hardship stay or a habitability issue they have to post all the money they owe you with the court or their case gets thrown out. It's very hard for the tenants to fight off your eviction for more than a few weeks, in my experience.

For the local networking group, go to www.SJRIEA.org. You can get a list of their meetings and events there.

Good luck!!

Matt

Podcast Guest on Show Raising Private Money 101: Beginner Steps to Raise Your First $1,000,000

4 Reply

Jameson Cesar

Somers Point, NJ · Member since 2017 · 7 posts · 1 vote

9y

We are landlords. Not by choice. We couldn't sell our house without losing money so we had to rent it. We had a 1 year lease agreement with our tenants. After the year was up there were signs problems with the police coming to the house 3,4 times a month. Neighbors complained constantly. It's a nice neighborhood, we lived there 7 years so we are close with everyone. And also seemed like other things were going on. Was hard for them to pay bills. So we came up with a month to month lease with 30 day notice to vacate upon us ending the agreement. Also stated we did not need reason to evict. Back in February they could not pay all the rent. Could not pay for 2 full months. Came to an agreement with them to pay 1500 on the first of the month and 500 each week after. They could not stick with the agreement. Multiple time one of them asked if I could take the other off the lease. Complete disfunction. He said she cheated on him with his boss so he got fired. Well I gave them a written notice to come up wue funds within two weeks. Keep in mind they never gave a security deposit. Always would say next month, or when I get taxes. When two weeks was up they gave less then 20% of what was needed. So from there we issued 30 notice to vacate. We filed it with the court. Posted it on door and registered mail. Court date is August 23, 2017. Since then I was not allowed in my house to show it to a perspective tennant. They backed out of the lease cause they felt something was wrong with the current tenants. When I was finally allowed in the house I saw they turned my living into a rental room. The house was open and all connected. They built a room out of my living room with a dead bolt sand I was not allowed access. Also noticed some rooms had electric and some didn't. Called electric company and they said power was shut off June 20. They went to investigate and found they were illegally stealing electric from ac electric. I will have to have an electric inspection to allow someone to move in. They could have burned my house the down. There is so much more to explain.

Sincerely, Jameson,

0 Reply

Joe Leung

OP

Investor · Bordentown, NJ · Member since 2017 · 9 posts · 1 vote

9y

Hi All,

Thank you for all the support and ideas. I was on vacation for few weeks after the eviction trial. I hired a lawyer for the case. It turns out not so bad. My lawyer spoke to the tenant right before the eviction trial (like a mediation) and the tenant agreed to pay the past rent thru the security deposit and agreed to pay the remaining on 8/31/17. The tenant agreed to leave between 9/1-9/15. They signed some agreement form from my lawyer which I'm not sure what it is. My lawyer said the agreement form will ensure they will make their promise and if they don't pay the remaining by 8/31/17 or leave on 9/15/17 then I can get possession of the property right away without going to eviction trial.

Joe

0 Reply

Trudy Ellison

Investor · Willingboro, NJ · Member since 2017 · 14 posts · 2 votes

8y

Could you tell me the name of your eviction attorney and do they service Essex county?

0 Reply

Jeff Small

Investor · Sewell, NJ · Member since 2016 · 68 posts · 48 votes

8y

Been landlord in nj for 41 years in Gloucester county I have this guy in front of a judge in about 4 to 5 weeks. Try and relax you are still in control

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NJ Eivction landlord experience

NJ Eivction landlord experience

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