Need Eviction Help non tenant saying shes not leaving!

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Need Eviction Help non tenant saying shes not leaving!

MIchael G.
union city, NJ · Member since 2017 · 16 posts · 29 votes

HELP!!  So I have a tenant who let someone stay with him, but did not tell me about the person staying beyond the terms of the lease - 2 weeks.  It turns out that person is ready to play the system and when I went to the door to speak with my tenant, she answered.... I was like who are you...??  She said I live here... I said no you do not this apartment is leased to the true tenant.  .She immediately was like you cannot evict me unless it goes through the courts.  Mind you my tenant already gave me notice he is leaving..

I called the police... and stepped away from the door as this person is obviously nuts and I was feeling rage.  Police came, I filed a report, in which this person said that I trespassed...uh its my HOUSE!  The police knew she was crazy but took both sides and is filing a report.

Now I'm like WTF.  I call my tenant who is apparently staying at his fathers, and I'm like WTF  - he's like they moved out... uh ... didn't you notice the old dude sleeping in the living room with this crazy person??  He says hes sorry, but now I'm stuck... stressed and had to pull down my ads on rerenting the apartment.  Time to take action.

Got the lease...ok I can get him on not paying the utilities, having people not on the lease and not paying for the increment, and changing the locks...yeah they did that sh@t.

Call first lawyer....75$ just to give me advice...what?  I want an eviction, not a consultation that I should hire you.  I would gladly pay if we can start the process rather than you jerk me over 75$  - next.

So I need to wait till Monday to find another attorney.  I told my tenant I'm going to be suing him for this whole thing, but I'm stressed because I have this risk in my house and I have NO rights.

I think you even need to be registered as a landlord before I can even serve a notice to quit.

For this scenario I cant find anything out there.  Anyone know of good NJ Union City eviction lawyers, or what steps I needs to take?  How long is this going to be?  How much?  The process doesn't stress me more then the fact that this person is so evil that they would steal from me (rent, home, heat) and is just going to walk away with no issues...I mean this person should go to jail just like stealing from a store.  Steal someone's car and its theft.  Steal months in a property and its nothing?

I need help in next steps.  I have struck out with lawyers that can be effective and just execute.  I guess I have to put my faith somewhere.  Any ideas are greatly appreciated.

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Kyle Varner
Spokane, WA · Member since 2017 · 23 posts · 27 votes
8y

Wow man, I feel for you.  This kind of thing has happened to me a couple of times.

I can't offer you any advice on the specifics of New Jersey, but I think it is very important that you understand this:  the world contains some unsavory people just the same way as it contains viruses and lightening bolts.  They're part of reality.  You got stuck by one of them, but its not going to destroy your business and its not going to destroy you.

What CAN destroy you, and CAN destroy your business, is to let yourself get caught up in their drama.  To let yourself get baited into an argument or a fight, or just to let yourself be driven crazy by this.  Hire a lawyer, let the lawyer do their job, and make a rational determination on whether the courts will enable you to collect any money from the tenant or the parasite he stuck you with.  Just look at it like numbers on a balance sheet, because letting it upset you will not make you one penny richer or one iota better off in any way.  

Think of it another way:  that dude and his parasite/squatter friend are really losing at the game of life.  The most satisfying punishment for what they are doing to you is the crappy life they're going to have to lead, caused by their irresponsibility and bad behavior.  They're already getting their justice, and you don't have to lift a finger for that to happen.

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  • MIchael G.
    OP
    union city, NJ · Member since 2017 · 16 posts · 29 votes
    8y

    ha yeah feels like it at times.  Let the courts do their thing. 

    0Reply
  • Ryan Jopson
    Real Estate Investor · Hamden County, MA · Member since 2017 · 75 posts · 31 votes
    8y

    please keep us updated this is good material -- thank you for sharing and very sorry for your situation

    0Reply
  • Christine Kankowski
    Real Estate Broker · Temecula, CA · Member since 2014 · 994 posts · 783 votes
    8y

    There are attorneys that do quick evictions and thats all they do.  Hire them and let them do their job.  THey will get the people out.  Do not wait. 

    Sorry this is happening. 

    0Reply
  • MIchael G.
    OP
    union city, NJ · Member since 2017 · 16 posts · 29 votes
    8y

    Will do. 

    So far here are the lessons learned..

    Cash for keys - might work but the people that are true squatters have an agenda. To stay somewhere for free as long as possible.

    If the person was a tenant I would have to start the eviction process which would take some time considering the tenant rights as part of the lease.  It would begin with notice to cease followed by notice to quit and other logistics. Either way be mindful of your property because people will use all of the municipalities to try and create cause for non payment to delay eviction.

    There are advocates that Our tax dollars pay for that will legally represent these sick people.

    An ejection is when someone who is not on the lease but is staying in the apartment when they have no rights is what is filed. 

    Ejection in nj costs about 2000-3000 and will be followed by by a Sherrif removal and lock change which has to be scheduled after the ruling.

    If the original tenant lives with these people but wants to get out anyway. Work with them to prove their mistake by letting them in by writing a violation of lease letter outlining how they broke the terms and apologize. 

    Then create a mutual agreement to terminate the lease.  Now you do not need to evict and go straight to eject. In this case if I had to evict the tenant and she stayed I’d have to eject after wards.  Now that might not be 100% correct so if anyone can touch upon that please do.

    2Reply
  • Judy Parker
    Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
    8y

    I am going through it right now. Was supposed to close on a property today, however the tenant vacated and there is a Squatter living in the house who refuses to vacate.  Seller's attorney has filed on him. The Judge issued a Motion to Remove effective November 30th, however my attorney thinks the Squatter, on November 30th, will file for Bankruptcy, so he can continue living there rent-free. 

    My recommendation to you....IMMEDIATELY GET A REAL ESTATE LAWYER. Send both the Tenant and Squatter a Notice to Cease and a Notice to Quit. File for eviction immediately. And pray they don't trash the house.

    Best of luck...

    1Reply
  • Roger S.
    Investor · TX · Member since 2015 · 393 posts · 290 votes
    8y

    I haven't had this situation yet, but every story I hear about it, the police cant do anything, it's your word against theirs and so on, so, why not use that same rationale against them?  Watch the house, the instant they leave, enter, change the locks and be done with it.  What are they going to do, sue you?  On what basis?  They have no lease, it's your word against theirs and they don't have a shred of documentation.

    0Reply
  • MIchael G.
    OP
    union city, NJ · Member since 2017 · 16 posts · 29 votes
    8y

    problem is they have free lawyers and if they know the game you can get totally screwed...

    1Reply
  • Nicholas Lanni
    Hamilton, NJ · Member since 2017 · 27 posts · 6 votes
    8y
    I'm just entering the rental space, and I'm in NJ as well. I've asked other investors in the area about this, and it's always kind of dismissed as over exaggerated or atypical anecdote. It's good to hear the dark side of this, especially as it pertains to NJ landlords. I wish you the best of luck and I'm interested to follow along with this thread. If your attorney does well, then he will have an excellent referral source for investors in the garden state.
    0Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    8y

    My format for this type of mess when original tenant left and let someone in was to file eviction action on original tenant, & Et El  All others,, meaning anyone not also listed on the lease,, I would call the original tenant (if possible ) and let them know that if they didn't get the jerk out themselves they would have a eviction action on their housing record.. USUALLY this worked they'd come back and make their loser friend get out.. when it didn't I filed.. just because the original tenant said he left,,, I had no way to verify because he never turned keys or empty unit over to me,, I'd post for non-payment and have that as my reason for eviction action.. 

    In MN usual court time is like 2 -3 weeks,, 

    I won't say I've never given cash for keys,, that's in a rare instance, when I do it's you move out by tomorrow at noon, leave the place clean, take all your stuff and when you hand me the keys I'll give you the money,, they sign they voluntarily moved and have no further claims against me the landlord or owner. 

    I'd never shut off utilities,, but I have heard of :  turned water down to a trickle,,,,pull several breakers,,, and turn heat down to the bare minimum... 

    2Reply
  • MIchael G.
    OP
    union city, NJ · Member since 2017 · 16 posts · 29 votes
    8y

    It’s just getting better.  Just received a summons that I harassed her and now I need to go to go to court.  I never spoke with her.  She’s trying everything. What a pro.  An evil pro.  Ejectment filed.  let’s see what happens.. funny how you have no recourse but to wait it out...sucks but it’s part of the game.

    3Reply
  • MIchael G.
    OP
    union city, NJ · Member since 2017 · 16 posts · 29 votes
    8y

    welcome to the sanctuary state of New Jersey. Where losers like this person get legal support to screw innocent people.  It really boggles my mind how if you steal a car cause you like it, it’s a felony but if you steal an apartment, utilities, etc you have to go to court and cannot ruin this persons life.  Merica

    1Reply
  • Christiane Robinson
    Member since 2023 · 5 posts · 1 vote
    3y
    Quote from @Account Closed:
    Shut off utilities. Theyll be gone immediately. If they try to sue you theyll have to prove they have a lease with you.

     I don't know if that's allowed in his State. It is not in Oklahoma

    0Reply
  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    3y

    I know this is an old post but here is some current info..

    google this:  this handyman will move in with your squatters and force them out.


    0Reply
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