Jersey rooming house eviction standoff

Jersey rooming house eviction standoff

Rental Property Investor · Union city, NJ · Member since 2016 · 203 posts · 43 votes

Interesting situation: have 3 rooms rented on the 2nd floor of a jersey city 2 family house, tenants started attacking me the landlord after 1-2 months of living in apt, claiming its a rooming house etc, withholding rent. Called out zoning, housing dept everything they could. Overall, zoning said, just put everyone on 1 lease as roommates and thats that, however NOT in writing, just over the phone. 

Attorney has sent them the common roommate lease which they are not signing, still pushing w the rooming/boarding house theme (they all confirmed over text before moving in they understand the room rental situation and ok with it). 

One tenant i got a warrant of removal after non-payment of March rent at the court, now he went back to show Order of Cause to elongate process etc. The judge already dismissed his zoning violation/rooming house accusations when we were at court first time, since i as the landlord am aware of the situation and am actively remedying it by proving a common lease to everyone. 

Attorneys are not much help, they just charge for every "consultation". I understand the worst case w the 6 month relocation fee etc. and the tenants are probably gunning for that.

Also whats going for my side as the landlord is all these 3 tenants on the 2nd floor are seasonal, 3 month leases which all end Apr 30th anyways, and its an owner occupied house, i occupy 1 of the rooms. 

Has anyone been in this situation before? Any pointers?

Im trying to get JC zoning to put it in writing that if I sign a common roommate lease/agreement w all of them its ok. 

Cash for keys and any other tactic isnt good as these tenants cant be trusted and are now making sure everything gets delayed, claiming all kinds of hazards etc.

1Reply
70 views

Most Popular Reply

Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
7y

Just hire an attorney already. NJ eviction is not something I would want to navigate by myself in a normal situation. Yours seems to be unique and definitely needs professional help. I think they say, "If you think hiring a professional is expensive, wait and see how much it costs you to hire an amateur."

See this reply in the discussion

13 Replies

Jump to latestLatest
  • Rental Property Investor · Union city, NJ · Member since 2016 · 203 posts · 43 votes
    7y

    As far as I know owner occupied evictions mean that i dont have to show any cause to evict, and also same goes for seasonal tenancy - NJ's Anti Eviction Laws dont apply. 1 tenant didnt sign any lease, he is cousin of other tenant and just moved in as a lodger, month to month. 

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    Sorry you are going through this.  Have you tried a different attorney?  What do they think it will accomplish by having it zoned as a rooming house?   If their leases end April 30th, what do they plan to do after that point?

  • Rental Property Investor · Union city, NJ · Member since 2016 · 203 posts · 43 votes
    7y

    I believe jersey city doesnt offer any more rooming house permits, or not for a small 2 family house. Idk, i think they claim illegal tenancy and just keep stayin

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    Just hire an attorney already. NJ eviction is not something I would want to navigate by myself in a normal situation. Yours seems to be unique and definitely needs professional help. I think they say, "If you think hiring a professional is expensive, wait and see how much it costs you to hire an amateur."

  • Rental Property Investor · Union city, NJ · Member since 2016 · 203 posts · 43 votes
    7y

    i already have an attorney. They are slow

  • Philadelphia, PA · Member since 2019 · 174 posts · 124 votes
    7y

    The city isn't going to give you what to do in writing.  If you are waiting for them on that you'll be waiting a long time.  

    Having everyone on a single lease is the proper thing to do.  you want roommates not boarders.  Renting out single rooms to people while sharing common spaces is a boarding/rooming house, or what is now being called "co-living space".  People rent out a single room individually and share common spaces.  

    What you want is a bunch of roommates on a single lease.  When it goes to court you can show the lease that you are all roommates.  

    Also, lawyers are as slow as the courts.  The idea is to never let it get this far.  Once it gets to the point that lawyers, courts, and zoning is involved, you move at the speed of government.....in other words, it flows like molasses.  The lawyers are there to make sure it is done right, not done fast.  You don't want to have it done wrong and have to start all over again from the beginning.

  • Real Estate Agent · Merritt Island, FL · Member since 2017 · 986 posts · 1k+ votes
    7y
    Originally posted by @Drew Slew:

    i already have an attorney. They are slow

     No you don't. You have someone with a law degree posing as a competent attorney. Fire him and get one who will get the job done. Good luck!

  • Investor · Jersey City, NJ · Member since 2015 · 88 posts · 31 votes
    7y

    Sorry to hear about your situation. 

    Sometimes you have to kill with kindness. I'd sit down with them and with positive affirmations have them understand that parting ways is best for all. They may have their reasons to be acting the way they have and ask them why. Show that you have compassion and are willing to listen, maybe even apologize for misunderstandings or expectations not met. Again, kill with kindness with the goal to get these moochers the hell out. If they're working professionals, its taking a toll on them too. Make them understand that its best to go separate ways. You may make out better if they agree and leave instead of a prolonged fight where you stand to lose months of rent, possible damage to your property and little or no recourse. 

    Good luck, update us on how it goes.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    You have an attorney but do you have a good attorney?

    FIND AN ATTORNEY that specializes in Landlord - Tenant law. You need to get these people out and get control of the situation before it eats your lunch.

    The DIY Landlord Book4.7244 Reviews
  • Rental Property Investor · Union city, NJ · Member since 2016 · 203 posts · 43 votes
    7y

    1st eviction has ended, tenant tried an order to show cause to delay his lockout last week, even though i got the warrant of removal. He bluffed it all, and didnt bring new evidence to court. I offered him 2 months free rent if he moved out within 2 weeks, he kept asking for the 6 months relocation etc that its illegal occupancy. The judge dismissed it again as there is no evidence, just the zoning violation and its a non-payment case. 

    To me it seems the judge in Jersey City doesnt want to hear much of tenants crying and explanations, she seems to always award the landlord in non-payment cases as there is not enough time to go into every little bit of detail. My tenant kept trying to bring up housing code violation, no heat for a few days, gas leak etc etc with bogus documents, literally tried to make it seem like its the most unsafe and hazardous apartment he lives in.. yet its a brand new apartment. 

    Only problem is since its a non-payment eviction, he was able to pay all his dues and my court fees right on the spot, so i had to accept it seems.. so i will have to evict him another way, most likely a 30 day notice to quit so his lease gets terminated end of May, and he again doesnt pay file another eviction for may.

    Not a good experience overall, court filings, actions take weeks. Id need this person out of my owner occupied apartment ASAP tomorrow latest..

  • Stephanie P.Pro Member
    Washington, DC Mortgage Lender/Broker · Member since 2016 · 4k+ posts · 2k+ votes
    7y

    @Drew Slew

    I'm no expert when it comes to New Jersey landlord tenant law, but if the leases end April 30 (first thread), why are they still there after today?  

    Not sure where all the acrimony is coming from although not having heat for days and a gas leak can be problematic.

    Like everyone else is saying, get a different lawyer and get them moving on getting these people out and then you can reevaluate the situation if you put new tenants in there.

    Stephanie

  • Rental Property Investor · Union city, NJ · Member since 2016 · 203 posts · 43 votes
    7y

    2 rooms' tenants are now holdover tenants yes, their lease ends Apr 30. 

    This guy who the thread is about has a 4months lease that started Feb 1. 

    Whats comical is that ALL the fight is about the rooming house situation, which arises from me having signed individual leases for each room which causes this "illegal occupancy" attack. However, zoning dept said just simply sign 1 lease w all of them so all their names are on one single lease as roommates and that solves it all. 

    Whats crazy is none of them want to sign this new roommate lease, even though i dropped the rent for all of them. 

    Some people just dont want to cooperate and try to drag things out. 

  • Central New Jersey · Member since 2018 · 71 posts · 17 votes
    7y

    Hey Andy, nice to see at least part of the headache is taken care of. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.