I have a tenant on a yearly lease in NJ. That's his first year there. The lease is up in December. I do not want to renew it and he is aware. He actuslly likes the idea as hes tryiing to buy a house. We spoke about it and I told him that if he decided to move out early he will still be receiving his full security deposit back if property is not damaged. I'm trying to move back into the house. What's my course of action? Paperwork, notice wise. Id like to keep everything by the book. I want to make sure he moves out. He's looking to buy a house but it appears that the process is not going too smooth for him for whatever reason. Im just tryiing to make sure he is out by december...
Send him notice of non-renewal now. If you work something out in the meantime, great. If he's still there Dec 1 morning, go to the courthouse and file for eviction THAT DAY. He won't be there more than 5 weeks start to finish. And in that case, you'll keep his deposit.
@Jake Recz Never had a rental so i can't be of assistance but I mean what Wade is saying sounds about right. If he said that he doesn't mind the idea, then he shouldn't have a problem with it. And if Dec 1st comes and it was agreed that there would be no renewal and he's still there, just give him the boot and that's it be done with it, keep his deposit and find someone else.
Thanks guys. Do you have any templates for such a non renewal notice? I want to do this the right way
Hi Jake, just trying to help you out...in NJ we cant evict someone without good cause and you havent mentioned any lease violation or non payment or anything. You'll want to google Nj anti eviction act to see the various reasons someones tenancy can be terminated and the required notice periods.
Your best bet is if tenant leaves voluntarily at end of lease and hence no notice required on your side. Some on this board may also recommend cash for keys if he needs more incentive to go but i havent gotten that to work for me yet.
Best of luck to you!! Gotta love some of these laws and regulations...ah well at least its not like Seattle yet over here.
I was on Google earlier and found this:
" N.J.S.A. 2A:18-61.1(l)(3), which allows the owner of a residence with 3 or fewer residential units to terminate a tenant’s lease where the owner seeks to personally occupy the unit, or where the owner has contracted to sell the unit to a buyer who seeks to personally occupy the unit, and the contract for sale calls for the unit to be vacant at the time of closing. However, terminating a lease for this “good cause” requires that the term of the lease has expired (such that it is ending or is in month-to-month status), and requires that the tenant be given at least two full months of advance written notice that the lease will terminate and the tenant must vacate. N.J.S.A. 2A:18-61.2. In this circumstance, the owner or new buyer must personally occupy the premises for at least six months, or the owner is liable to the former tenant for three times the tenants damages plus the tenant’s attorneys fees and costs of suit. N.J.S.A. 2A:18-61.6(b). "
I suppose now I have to draft the proper notice and send it certified mail to the tenant. Drafting that notice should be fun...
Thanks for pointing me in the right direction guys!