All Forum Posts by: Emmanuel Rosario

@Erin Dreher Thanks for the advice! I will show up, virtually, looking sharp! Need as much going on for me heading into this pivotal day! This property is my baby!

@Andreas W.

In Jersey City now an eviction case has two dates. One is the "remediation" and then final trial. She was a no show for the remediation. If she is a no show again, then its automatic eviction. Which I hope is the case. I am just tired of this person. I want to put this stressful chapter of my life behind me already.

@Quincy Lockett 

That is what I am hoping. A measly $1,000 payment should not reset anything. Especially given how much I went out my way to work with her!

@Nathan Gesner If it wasn't for the moratorium, she would had been out of my property a LONG time ago. 

@Tim Herman

So is that a loophole tenants can exploit? Not pay rent at all and then make a payment a month before the eviction? 

@Bjorn Ahlblad I have not had an attorney. I have been calling an attorney throughout the process and he continues to tell me that eviction for non-payment of rent in Jersey City is a slam dunk. I hope he is right

Hi BiggerPockets community,

I currently own a two-family property in Jersey City, New Jersey. In one of the units, I have been dealing with a non-paying tenants for about a year and a half. 

The final trial is coming up July 27th, 2022 and I want to make sure I have my bases covered so that I can properly evict this person and move on from this stressful chapter of my life. 

This tenant, as of June 2022, owes me rent from July 2021. She technically stopped paying rent February 2021 but was given five months of rental assistance from the NJDCA rental assistance program. I expressed to her the importance of paying the rent and not expecting rental assistance programs to pay the rent for you. But she continued to not pay. 

At this moment she owes me $16,300. 

Here is the math:

1 month of rent is $1,500. She owes me 12 months of rent so that equals to $18,000. She has made two payments of $1,000 each in February and one this month(surprising given that eviction trial is coming up). So that brings the total to $16,000. 

Late fees are $50. Due to the laws, I could not charge late fees for last year's rent but I can charge them for this year. That is 6 months of late totaling $300. 

SO she owes me $16,300. 

Its more than likely that another $1550 will be added to the balance next month which would put her at $17,850. That is a lot of money! 

Given she has made those payments, does that complicate things? Can the judge say that she is acting in "good will" can let her stay? 

Going into the final trial, what should I bring to court so that I can ultimately be prepared to defend my case. 

I really want this person out of my property, she lacks basic communication skills, she is highly disrespectful, and she breaks the lease all of the time by having an insane amount of people there. 

@Ishmael Johnson I believe so! I was told to send each warning twice, one regular and another express and keep the receipts. So they can't say "Oh I never saw those warnings"

@Nathan Gesnerundefined @Austin Monroe

Thanks for the help!

I continue calling the rental assistance program to get that money! Then once it comes in, since they will pay three months in the future, I will tell her that she needs to move out in three months because I am moving in. I can do that since it is a 2 family. I will work with a lawyer to do this. And if she does "stay" I will then go with forcible eviction. 

I feel much better now that I have a gameplay. 

Thank you

Hey BiggerPockets community,

I own a two family property in Jersey City, NJ and I have been dealing with a non-paying tenant since early 2021. 

She has not paid her rent since February 2021 but has been able to secure rental assistance through the program that the NJDCA offers. I received the checks late June/early July and it covered 5 months of rent. She still owes me rent from July 2021 and has not paid rent for January 2022. What a great, but predictable, way to start the new year. I will charge the late fee (because I finally can again).

She is due for recertification and according to the people I spoke with at the NJDCA they will again pay for all of her rent arrears plus an additional 3 months. However, the folks at NJDCA move SLOW!

This tenant is extremely disrespectful, lacks basic communication skills and is breaking the lease in more than one way. She has people living in the unit that are not supposed to be there, she has a dog in the unit although the lease clearly states no pets and her mother (who is not on the lease) continues to smoke in and around the property although the lease clearly states "No smoking". Last year, I called several lawyers to only be told "be patient because there is nothing we can do". But now that the moratorium on evictions is over, I want to do every and anything I can to get this lady out of my rental. Even if the rental assistance program comes through again. She has proven to be unreliable and I suspect that she is gaming the system. Her boyfriend (not on the lease) lives there and works a great paying job. 

I know landlords in NJ have the right to remove someone from there property if they want to move in (This only pertains the small multi-facility properties I believe). And I do want to move into my property anyways because it is much closer to work. 

I filed for eviction in March 2020, but the courts are so backed up. I do not have a court date yet. 

What do I do?