dope in the garden state

4 Replies

tenant 2 complained that tenant 1 was smoking so much dope that her kids are getting high in the upstairs unit. smoking and illegal activities are lease violations so i sent a notice to cease on Sept 1 via certified mail and tenant 1 contacted me about it at the time. fast forward to today, another complaint from upstairs. they say they are considering calling the police, I say go ahead. preliminary conversations with attorneys indicate that eviction for things other than non payment are expensive/difficult in NJ. approx 9 months to go on both leases. what are my responsibilities in this scenario? I can't easily get evidence of the activity. should I just wait it out? so far both pay on time.

Let them call the cops and have a report filed. If there is an arrest (prove of alleged drug activity) I'm sure you'll have more leverage in the event of an eviction. You can't evict someone on hearsay so until you have something tangible your phone will be ringing. I'm not a lawyer or landlord but I've been in NJ eviction court as a tenant. The law is on the tenant's side but a police report of illegal activity is solid proof of lease violation. Tenant may get 14-60 days (from MY experiences) to move out so be prepared for retaliation. Is there a reason you don't have a property management company? 

Thanks for the suggestion,  that was what I was thinking.

To answer you other question, I hadn't needed a mgmt co for my nyc properties. I will probably end up hiring someone after I get a little more scale. This is first investment in NJ.

You need to serve a notice to Quit. Prepared correctly it should advise the tenant of the legal ramifications of an eviction action as well as fees. My notices to cease and quit are very fact heavy- in essence an affidavit. I want the tenant confronted with all of the steps and aggravating facts that will be detailed to the court. And I of course will attach them to an eviction notice.

Get a new lawyer

Move forward to evict.

Your good tenant who is complying with her lease is complaining about a bad tenant that is not complying and you are doing nothing about it. Really? 

If that isn't going to get you off your tuckas then maybe this will- Your good tenant is complaining about her children being poisoned by an unsafe condition that she has made you aware of and that you refuse to do anything about... You think you have a nine month timer on that? good luck- she is going to tell this to the wrong person and you'll be dealing with a bigger headache.

Move to evict. You have a motivated witness and even if you lose you will win.

i was referred to Roberta Tarkan in JC. does anyone have experience working with her or have other recommendations?

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