How to evict tenant

Question

I need some advice.

I have tenants that been living at my house (New Jersey) for a few years now. Their original one year lease expired a long time ago. So I know once the lease expires and the tenant continues to pay rent without a new lease, the tenancy automatically becomes a month-to-month..

So there has been some incidents when the tenant has become aggressive and start to intimidate me with violence.  Asking me to fight him ..

My question is since there is no lease any more can I evict soly in the fact that there no lease in place ?? Or what other options do I have ?? Raise rent ??  Try to look for other violations ??

David Martinez · Answer

@Anthony Liguori

Give them 30 days to vacate, there is no lease so that is all you need now

If they refuse to leave; one great strategy that I have learned to save the headache of an eviction is “cash for keys”. Give the tenant their 30 day notice to vacate, if they refuse to leave then offer them money for them to leave. It ends the situation amicably almost always, and actually saves you money. If an eviction is going to cost you $1,000 but you offer $700 to a tenant who hasn’t left after their 30 days, not only did you save $300 in the process, you got the tenant out faster, saving you even more money.

Marc Winter · Answer

Month-to-month?  Send them a 30-day notice of termination of tenancy; ie, to vacate.  Assuming they don't leave, after 30 days, evict.

David Campbell · Answer

@Anthony Liguori

First I’m not an attorney nor familiar with NJ eviction laws but here are some general concepts:

1. Pay for vacate notice: normally this is the first step, a simple notice giving X amount of days (depending on state) to pay or leave. Must be served.

2. If that doesn’t gain traction, I’d hire an eviction lawyer to start filing the paperwork immediately. An eviction must be “opened” (filed) with the court to essentially get the ball rolling on everything.

3. Cash for keys: it sucks, but is effective. Look up this method to avoid eviction.

This should at least get you started.