Best way to bluff a PITA NJ tenant into leaving?

Best way to bluff a PITA NJ tenant into leaving?

Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes

I've had it with my entitled, complaining, disruptive tenants. They have the nicest unit I own, not the most expensive, and complain more than my 11 other units. The final straw is a leaving a note threatening violence to another tenant due to a laundry room mistake, a free laundry I might add. I have a photo of the note and video of him leaving it. 

My wife's impulse is to remove the laundry as it's relatively new and not on anyone's lease. I think that's punishing the other 3 tenants that get along, and removing value should I be showing one of those units. I want them out. But it's NJ. However they are foreign, and may not know about the protections the state provides. Recently as the lease expired (NJ automatically renews as a MtM) I asked why they did not leave if they were unhappy there. She tearfully said they weren't unhappy but just had a hard time not being picky. I told them they're not paying enough to be be as picky as they want to be and should move to a new SFH where they didn't have to deal with other people or the issues of a 120 year old house. But I did not get the impression she knew that I couldn't choose not to renew.

I have not previously given them any notice to quit, so I cannot give them a legal eviction notice based on the threat at this time anyway.  So I'm thinking to send them a registered notice to quit the premises Sept. 1st. I will explain it's not an eviction, which would leave a permanent record, but if they fight it, it will be. I don't think I need an attorney for this, but we are an LLC.

Any ideas specific to dealing with this given the lack of landlord power in NJ? Telling me I shouldn't invest in NJ will not be helpful.

If this fails I need to pressure them by raising their rent as much as I can get away with and close the laundry/storage area and refuse to let them store crap in the hallways, which will cramp their style.

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Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
7y

@Johann Jells isnt threatening another tenant violating your lease in some way? There should be some provision about peaceful enjoyment of their property.

I would find a way to evict them for that.

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  • Peter TverdovBusiness Member
    Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
    7y

    If they aren't violating anything in your Lease, I don't see how a notice to quit or notice to anything is going to work. When does the Lease expire? The best bet might be to ride it out and not renew, or encourage them to find someone else to replace them on their Lease if they don't like how you operate. 

    I have dealt with picky tenants in the past and will again the future. You usually have to punch them right back when they start nitpicking, to earn their respect to back off. If they don't like it, they're welcome to find a subLessee.

  • Rental Property Investor · St. Petersburg, FL · Member since 2017 · 3k+ posts · 4k+ votes
    7y

    @Johann Jells isnt threatening another tenant violating your lease in some way? There should be some provision about peaceful enjoyment of their property.

    I would find a way to evict them for that.

  • Kansas City MO · Member since 2014 · 357 posts · 349 votes
    7y

    @Johann Jells Can you ask them to leave based on the fact you need to make "repairs" to their unit? That might be a way to soften kicking them out and also if they are complaining all the time you can throw it back at them that you need to get all those maintenance items fixed & list back all the crap they've thrown at you to fix. Just a thought.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    You said it is now a MTM term.....can a landlord not give notice (30-60 days)and terminate a MTM tenancy?  Are you telling me only the tenant can end a MTM?  You have restrictions on how much you can raise the rent when in a MTM, with proper notice?

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y

    Thanks all. I guess I need to explain that NJ  (and @Peter Tverdov you should know this) has an "anti-eviction" statute, leases must renewed or they go MtM, rent raises cannot be "unconscionable" as determined by a judge. I cannot simply decline to renew. And legally at this point, I must give a written warning notice to knock off the offending behavior, but that just kicks the can down the road. 

    I'm looking for the right way to just ease them out by making it look like I'm doing them a favor not evicting them. They're legal residents, but in this climate I wouldn't be surprised if they were very cautious about anything involving the law, making the odds of bluffing them and them not trying to make a legal stand higher.

  • Rental Property Investor · Closter, NJ · Member since 2015 · 884 posts · 722 votes
    7y

    Hi Johann

    Yes, New Jersey is an anti-eviction state, and is hostile to Landlords. Does Jersey City have rent control laws? Definitely raise their rent. And you must send them a Notice to Cease for harassing/threatening the other tenant, to protect yourself in case the animosity between both tenants escalates and you get dragged into it.

    Did you ever consider a coin-operated washer and dryer for your property?

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y

    @Judy Parker  This unit is not rent controlled.  I was figuring if telling them to leave failed I would give the formal notice to cease, but I didn't want them to think that all would be ok if they just knocked off the ********. And this nonsense would still have taken place if it were coin ops. Their laundry was in the washer 1.5 hrs after being done when another tenant went to do theirs, and absentmindedly started changing the settings before checking the tub. Yes, it was stupid, but not a "break your face" threat deserving thing. These high maintenance tenants seem very nice but in reality they're toxic, particularly the husband being hostile to the longtime low functioning tenants in the building.

  • Rental Property Investor · Jersey City, NJ · Member since 2017 · 3 posts · 2 votes
    7y

    Issuing your tenants an illigal termination notice is not a good idea. You can't assume they won't find out that you can't just terminate their lease.  If they have friends that live in NY or NJ or just know how to google, there's a good chance they will find out its not allowed and then they can use this notice to fight and eviction attempt. Your best bet is to raise their rent to a level that will cause them to leave. You need to do it rigth -- terminate their lease and offer a new one at the higher rate.  Its unlikely that they will try to take you to court because if they lose they will have to pay the rent you're asking plus legal fees and can end up with eviction on their record. Do it nicely, tell them you have no choice because you have high expenses, maybe give them another month or two to regroup and you'll manage to get them out. 

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y

    So this is what I've got. Though their lease expired July 1st and I verbally told them I was renewing for a nominal increase, I'm not mentioning the fact that technical they're now MtM leaseholders. The last sentence I think is the key, the wife is an MBA type worker, they're not citizens, and they should be reluctant to risk a court record.

    Dear Mr & Mrs  *******,

    I’m very sorry that it has come to this, but I must request that you vacate the apartment you rent from ******* at ******* Street, by September 1st, 2019. We cannot have tenants threatening physical violence over a careless mistake at the free laundry we thought would improve the quality of life for our tenants, never imagining it would be a source of strife and potential violence.

    **** has made what in legal terms is a “Terroristic Threat” in response to another tenant making a simple error of not looking in the washer before starting to change the settings for their own load. I have photographic evidence of the note, and video of him placing it on the washer. 

    This is the kind of “toxic atmosphere” I had mentioned previously when I asked why you choose to stay in a place where you are clearly unhappy and dissatisfied. I have a responsibility to my other tenants, and feel I cannot continue to subject them to this kind of ill will and presumption of bad faith. This threat is actually reportable to the police, but I prefer not to do that this time, though I will retain this evidence should it be required.

    This is not an eviction. before taking legal steps I am giving you the opportunity to leave voluntary, which unlike an eviction will leave no permanent court record that would show up on a background check visible to future landlords and employers. I am hoping you will see the logic in this and comply.

    Yours truly,

  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    7y

    I do not know anything about NJ laws, but in other areas, if a tenant does not leave voluntarily sometimes just cracking down on every rule helps them decide to leave.  

    For example, the junk in the hallway if a safety concern, preventing fast fire egress, and fast safe access for firemen.  Give them notice to remove all junk and not allow any junk in the common areas or hallways.  At the same time, notice them to cease threatening people based on  personal conflict with other neighbors.

  • Real Estate Broker · Auburn, WA · Member since 2015 · 151 posts · 106 votes
    7y

    @Johann Jells

    It’s ALWAYS LEGAL TO REMOVE TENANTS TO REMODEL THE UNITS FOR SAFETY & SECURITY REASONS! ( as long as you have a month to month tenants!)

  • Attorney · Chatham, NJ · Member since 2016 · 63 posts · 40 votes
    7y

    Since you are a LLC, you would have to be represented by an attorney in any court proceedings, per court rules. (If it goes there).

    For any lease violation, as previously mentioned, issue Notices to Cease the specified behavior and how it violates the lease.  Keep a record of those notices so that you can present them to your attorney when/if an eviction happens.

    In Jersey, any eviction has to be 'for cause', which is why the notices to cease are important.

    You can raise the rent, but be careful that any rent raise can be challenged as 'unconscionable.'  Just keep the rent within the market rates.

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

    Threatening other tenants is not acceptable.  Whether they are American or not shouldn't matter.  You need to treat all the tenants the same.  If they've been warned before and it was documented, then asking them to leave it not unreasonable.

  • Rental Property Investor · Tampa, FL · Member since 2017 · 70 posts · 115 votes
    7y

    I know BP feels like a safe place to air grievances, but just a friendly reminder to the community not to draft any posts you don't want to be questioned about in a deposition or in front of a jury. Just some food for thought.

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y
    Originally posted by @James Lloyd:

    Since you are a LLC, you would have to be represented by an attorney in any court proceedings, per court rules. (If it goes there).

    For any lease violation, as previously mentioned, issue Notices to Cease the specified behavior and how it violates the lease.  Keep a record of those notices so that you can present them to your attorney when/if an eviction happens.

    In Jersey, any eviction has to be 'for cause', which is why the notices to cease are important.

    You can raise the rent, but be careful that any rent raise can be challenged as 'unconscionable.'  Just keep the rent within the market rates.

     Thanks James, but I am familiar with all that. I am just seeing if I can make it simpler. Do you see any downside to my plan? If they refuse to leave I simply issue the Notice and proceed from there, nothing lost and them knowing how pissed I am.  Maybe I should attach the Notice to Cease at the same time though.

    The Unconscionable Clause is always the mystery. It's not clear to me that within market but over 10% would be approved. Do you have experience with this? I do not.

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y
    Originally posted by @Andy Brown:

    I know BP feels like a safe place to air grievances, but just a friendly reminder to the community not to draft any posts you don't want to be questioned about in a deposition or in front of a jury. Just some food for thought.

     Which is why I do not use my real name here. I am on BP to give and get advice, not to network.

  • Real Estate Agent · Princeton, NJ · Member since 2016 · 1k+ posts · 1k+ votes
    7y

    @Johann Jells - send the letter with official notice to cease and list multiple things to remedy. If you need to, also increase the rent nominally ( for all tenants to help pay for laundry machines). Like 1. Quiet enjoyment/ no threats. 2. Fire safety / no storing in common areas (things may go “missing”), 3. Any intentional common area or property damage or threats are 3-7 day notice not 30. I offered my problem tenant an instant security deposit payback for leaving (I assessed the property quickly on move out and had him sign the refund also stating he’d not retaliate or come back to my property ever) and he moved out within 48 hours of getting the notice paper.

    Also recommend you provide specific laundry room rules on the wall and have a lockable door or whatever and only people paying extra for laundry access and/or abiding by the rules can use it. My common laundry room specifically says you can’t leave any clothes sitting there for any time - that you’re supposed to set your phone timer and come back within 5 mins of the cycle ending or wait in the room. In college they’d throw your wet clothes on the floor, in your basket or on top of another machine if you were blocking a washer.

  • Attorney · Chatham, NJ · Member since 2016 · 63 posts · 40 votes
    7y

    Landlord/tenant is not my specialty (estate and transactional work is), so take the following with a grain of salt.  

    You can try your method to see if it works, but if it does not, and it ultimately goes to an eviction, you may end up having everything delayed/pushed back/chastised depending on how the court views your actions.  You may want to try a carrot (cash for keys - make sure to follow best practices so you don't get stiffed), instead of stick.  If you do end up sending your letter, I would attached  the notice to cease.  

    I do not have any experience with the unconscionable clause; I know that it is out there and it depends on the judge you get, but I couldn't tell you more than that.

  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    7y

    @Johann Jells,  wait, what?

    Terroristic threats deserve a police report.  

    You have the physical evidence, so use it.  Green card or red/white/blue, nobody likes the POPO stopping by to 'ask a few questions'.  This is not retaliation--it is proactively protecting your other tenants (and maybe even you and your family!)

    Hey, if the other tenants got a restraining order, the subject tenant wouldn't even be able to go into the building.  LOL.  Just my own twisted, Pacific Heights sense of humor.

    Carry on, but don't bluff, don't threaten, just act according to law.  This is a business, not a card game.  

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y

    Thanks @Marc Winter,  but at this point I do not have the leverage to legally remove them, hence the "bluff".  Also the target of the threat is a guy with a drug record who would not be happy seeing cops. But I know he is not the problem, he's been there the 7 years I've owned the place and has been nothing but helpful, the new couple has been there a year and has done nothing but kvetch, even down to finding coins etc left in the free dryer.

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y

    @James Lloyd, how could a court fault me for politely requesting they leave while making clear it is not a legal eviction?

  • Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    I have a question on the NJ version of MTM? If it is a true month to month can you just give them the 30 day or 60 day notice? Do you need a reason? The above dialogue implies it but I haven't seen it explicitly said. Is eviction for cause different than non-renewal of a month to month?

    Assuming you need cause..For your notice...this ain't legal advice but PLEASE don't say any more than you have to. Don't use adjectives :) The impulse to explain will get you into more trouble. Use the minimum words necessary. 

    Among other things, you don't want to play all your cards out of the gate. Why tell them you have video right now for instance?

    And I might have your lawyer send it or on standby, ask them. Good luck

  • Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    7y

    Simple Non-renewal of lease or MTM is not an option. I'm thinking the reason to let them know I have the video is to present as strong a hand at this point as I can, so they just give in rather than try to weasel and fight. These are educated people and I'm trying to show them that simply leaving makes the most sense for them.

    I recognize this probably won't work and I'll have to jack the rent and remove any perks not in the lease to make the situation as uncomfortable as possible for them. I really hate this, they're not lowlifes. They just can't get perspective on what renting in a B grade multi-family means and obviously the husband has anger issues.

  • Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    Gotcha, bummer on the non-renewal. I stand by the other part though. I would Just mention the lease violation ("disturbing the peaceful enjoyment by threatening another tenant on X date" or some such thing. Just attach the note to the letter, don't characterize it. 

    You may find its not enough. Does a note alone make a lease violation? Yikes, depends on the judge I bet. What did it actually say?

    At least run this by a lawyer, its worth the few hundred bucks and easy to get on the wrong side of the law (I have done court mediation including landlord/tenant).

    Jon

  • Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    I suspect the consequences of being called on your bluff are greater than you want, and that you would be handing lots of power to the tenant.

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