How do I send out a tenant with a month to month in Nj?

How do I send out a tenant with a month to month in Nj?

Brooklyn, NY · Member since 2017 · 39 posts · 7 votes
Hi, What's the law in NJ regarding a tenant who's lease is up, and is currently on a month to month, and you dont want to renew their lease. Can you just simply let them know (in writing, of course) that they should move out, or how else does it work?
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Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
9y

check your local notice period and provide that in writing. Make sure you send certified return receipt, or hand deliver and get a signature. For month to month it's usually 30 days.

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  • Brooklyn, NY · Member since 2017 · 39 posts · 7 votes
    9y
    Just want to add, that it's an inherited tenant from a property that was bought a few months ago.
  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    9y

    check your local notice period and provide that in writing. Make sure you send certified return receipt, or hand deliver and get a signature. For month to month it's usually 30 days.

  • Brooklyn, NY · Member since 2017 · 39 posts · 7 votes
    9y
    I spoke with my lawyer before. He told me that in New Jersey I can't send out a tenant if I have no reason, even if their lease is up. The only way I can send them out is, 1. if they don't obey to the lease; 2. If they are acting or doing destructively; 3. If the tenant doesn't pay rent on time and I file in court for disposition. I must point out, that if I file for disposition and the tenant than pays me, I still can't evict him. Only, if I have to file a few times for disposition after not receiving rent, than I have a case to argue that this tenant is a chronic late payer and the court might rule that he has to be evicted. It's a bit ridiculous this whole thing, since this is an inherited tenant, and the apartments are rent controlled. tenant is paying below market rent and isn't very on time every month.
  • Lauren C.Pro Member
    Rental Property Investor · Hamilton Township, NJ · Member since 2012 · 211 posts · 149 votes
    9y

    ** and i just saw your bit about rent control. Please ignore my post below. Whoops!

    Hi @Sol G.

    I don't have experience with this but do have a thought.

    Since the term is month to month, can you give notice that rent will increase next month? (Assuming that the increase is not unconscionable.) Hoping your tenant will not want to pay the increased rent and voluntarily leave? And if they don't, at least you're making more money.

    According to the NJ Department of Community Affairs, on a month to month lease, the landlord must give a 30-day Notice to Quit given on the first day the rent is due.  

    Below is the link I'm referring to for more info. Hope this helps!

    http://www.state.nj.us/dca/divisions/codes/publica...

  • Rental Property Investor · North Jersey, NJ · Member since 2013 · 72 posts · 21 votes
    9y

    It also depends how many units or if owner occupied property? What town/city is the property located in?

  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    9y

    Really, in NJ, if you rent to someone and you own the building, you can't say whether or not you want to stop renting???

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    9y
    Originally posted by @Ray Harrell:

    Really, in NJ, if you rent to someone and you own the building, you can't say whether or not you want to stop renting???

    Nope. They call it "the anti -eviction law". But in most towns you can raise rents as long as it not an "unconscionable" amount. That is off the table in North Bergen with universal rent control.

  • Investor · Lodi, NJ · Member since 2015 · 6 posts · 3 votes
    9y
    Originally posted by @Ray Harrell:

    Really, in NJ, if you rent to someone and you own the building, you can't say whether or not you want to stop renting???

     You have to have specific reasons and back them up in court. Reasons that NJ decides on. It's honestly not too bad, but it is annoying. What you have to do in NJ is send a notice to quit to tell the tenant "Your $1,000 rent is going up in 30 days by $50." After 30 days, they then have a choice. Either leave the property or start paying the $1050. If they don't pay the full amount, you can then start eviction proceedings.

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