I'm looking at a property in NJ that I KNOW will eventually have a hold-out tenant. I'm curious if any of the board members know what NJ's eviction process looks like, with regard to timeline and general costs. I'd like to build it into my calculation for determining whether the deal is worth it.
Of course there are other possible solutions, like cash for keys, but assuming they tenant actually refuses to leave and I have to go the whole way through eviction, what can I expect in terms of legwork, out of pocket costs, and maybe most importantly, time until I can have my unit back to re-rent?
Thanks so much for the help!
for non payment of rent, it usually takes about two months from start to finish. you have to pay a filing fee usually around $55 and for the lockout notice and lockout ( around $130). The county court will have the exact fees. Just contact the landlord tenant division.
it gets more complicated when you are dealing with multi-families that you do not intend to occupy. The best thing is to have the seller give you the property vacant. It should be easier for them to get rid of the tenant because it is a sale.
Are you talking about a multi 3 or more?
@Josh Michel in my experience with evictions it typically takes 2 month. Since my properties are under a LLC I have to hand off the job to an attorney. NJ won't let a cooperation file an eviction without representation so know that going in to it if you are a LLC.
If you hold the building in your name you can file yourself. If you go to the county site where your property is it will break down the steps on how to file an eviction correctly from serving the letter to going to court and everything in between.
@Josh Michel I ask because with 3 or more units you must have one of the statutory, enumerated reasons to evict. When you say that someone will be a holdout I don’t understand, that is not a basis for eviction.
@Josh Michel , I gotcha- late rent or no rent is definitely a reason for no renewal and/or eviction.
@Josh Michel May ask what town is the home in?
Originally posted by @Josh Michel:
I applogize for my poor phrasing.
With a hold out I meant a non-paying tenant dead set on doing everything in their power to remain in the unit for as long as possible.
Basically needing to evict with reason, either failure to pay rent, or being a literal hold out at the end of a lease where they refuse to leave should you want to replace them with a new tenant for whatever reason.
In NJ a lease ending does not end a tenancy, it goes automatically MtM. Our lovely "anti-eviction statute". Also, at that point you cannot raise the rent a "reprehensible" amount even if you have no rent control. So non-payment is your only reason unless they provide another. See the "Truth in Renting" pdf on the DCA website.
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