All Forum Posts by: Stephen Homes
Stephen Homes has started 11 posts and replied 35 times.
Post: Holdover Tenant Refusing Rent Increase; Seeking Legal Eviction Strategy

- Posts 35
- Votes 15
Quote from @Gash Nookala:
Quote from @Marc Winter:
Human nature: "Don't care what you did before. What have you done for me lately?"
Your situation is exactly why it is important to have small to moderate rent increases on a regular, annual basis.
Remember the story about cooking a frog--raising the heat in the pot slowly so the frog doesn't realize it's getting cooked until it's too late?
Don't be the frog.
Very true.
I had one such situation too. I had the rent below market for long time and when Tenant said he is in difficult situation and wanted to be month-to-month at same rent because he is looking for Job, I agreed.
Once he got good job he signed yearly lease and when I increased rent to max allowed by law, he had a problem and forgot all that I accommodated in past many times.
So lesson is: Increase rent but if they are in difficult situation, give them one or two month decreased rent but bring back to market rates.
Thank you Gash for sharing your story. How did you resolve the situation? Did you take any legal action?
Post: Holdover Tenant Refusing Rent Increase; Seeking Legal Eviction Strategy

- Posts 35
- Votes 15
Quote from @Henry T.:
There is rent control. I found this out in 2 minutes and live across the country. You're breaking the law and that's why you'll lose. Do your job and do your homework.
For the township this rental is there is no active rent control.
Post: Holdover Tenant Refusing Rent Increase; Seeking Legal Eviction Strategy

- Posts 35
- Votes 15
Quote from @Ned Carey:
Are the attorneys you approached landlord tenant attorneys? If not find a local investor group and ask them who they use.
In most states if the tenant will not sign a new lease, you file a tenant holding over action. You should read the NJ tenant landlord laws. This is something basic landlords should know.
I have asked our local investor group, but not response yet.
I agree with you that this is something basic. My problem has been that the tenant will get free but excellent attorney, and I will loose to the attorney and then start all over till I win. This time I am trying to minimize such a thing happening again.
Post: Holdover Tenant Refusing Rent Increase; Seeking Legal Eviction Strategy

- Posts 35
- Votes 15
Quote from @John Clark:
Quote from @Stephen Homes:
Thank you Dan, Colleen, and Henry for your help.
To answer everyone's questions, I approached 10 attorneys and none were interested, so I am feeling the forms alone. A couple of them that talked mentioned that from their experience judge will not grant eviction as the increase is over 10% regardless of what the market is.
There is no rent control. The house has 3 units, and I don't live in any of them so the tenant is subject to the Anti-Eviction Act in New Jersey.
Let me know if you have any questions and this time I will get back to you on time :)
Just missed your quote. The didn't tell me. My interpretation talking to one of them was that from her experience with the only judge there, that judge never lets higher than 10% rent increase. That's why as of now I am thinking to evict solely based on getting possession and non-payment. Feel free to share your solution. Thanks
Post: Holdover Tenant Refusing Rent Increase; Seeking Legal Eviction Strategy

- Posts 35
- Votes 15
Quote from @Dan Hawtree:
Moving forward, If local law allows, provision in lease that holdover rent increases by at least 25%.
another lesson learned renting under fmv
Great idea. My understanding from NJ law is that this is not allowed as it could be subject to the anti-eviction act in NJ
Post: Holdover Tenant Refusing Rent Increase; Seeking Legal Eviction Strategy

- Posts 35
- Votes 15
In my case NJ does not allow co cause
Post: Holdover Tenant Refusing Rent Increase; Seeking Legal Eviction Strategy

- Posts 35
- Votes 15
Thank you Dan, Colleen, and Henry for your help.
To answer everyone's questions, I approached 10 attorneys and none were interested, so I am feeling the forms alone. A couple of them that talked mentioned that from their experience judge will not grant eviction as the increase is over 10% regardless of what the market is.
There is no rent control. The house has 3 units, and I don't live in any of them so the tenant is subject to the Anti-Eviction Act in New Jersey.
Let me know if you have any questions and this time I will get back to you on time :)
Post: Holdover Tenant Refusing Rent Increase; Seeking Legal Eviction Strategy

- Posts 35
- Votes 15
I am in the process of evicting a tenant who has refused to pay the increased rent and continues to stay in the rental unit past the lease expiration date (June 30th). The tenant paid the old rent amount for July, ignoring the rent increase that was properly served 90 days prior to the lease end.
My concern is that if I lose the eviction case in court, I cannot afford to keep renting to them. If a major repair is needed while they remain in the unit, I will not have the funds to cover it. This puts me at significant financial risk.
For years, I kept the rent well below market value. Even after the 35% rent increase, the new amount is still several hundred dollars under market. The tenant, however, is acting entitled to stay and is completely disregarding the fact that I have kept the rent low for so long even after the increase.
What can I do to ensure a successful eviction under these circumstances?
I am evicting a tenant for not paying the rent increase and staying in the rental pass their lease date (June 30th). Tenant paid the old rent (not increased) for July. My concern is that if I lose at court and not be able to evict them, I can’t afford to continue renting them and God forbid if there is a major repair I will not have the funds to repair the house. What do you suggest me to do so I can evict them no matter what now?
For years I have kept the rent very low. I sent rent increase notice and notice to quite 90 days prior to their lease ending. The rent increase is 35%, but the new rent is still a few hundred dollars under the market value. Tenant feels so entitled to stay and disregarding all these years me keeping the rent low and still keeping it low after rent increase.
Post: Fastest way to get access to rental to do major necessary repairs

- Posts 35
- Votes 15
Thank you Stephen. The tenant finally agreed to let the contractors in, BUT tenant is stating that the contractors must move out of the rental unit at 5PM.
Can the contractor legaly continue working after 5PM? It seems the contractor might need to say until 7PM (before sunset). Contractor is okay to continue another day, but he will charge for 2 days
Post: Fastest way to get access to rental to do major necessary repairs

- Posts 35
- Votes 15
Thank you Nathan and Laura.
I forgot to mention that the tenant is stating that the contractors must move the unit at 5PM.
Can the contractor legaly continue working after 5PM? It seems the contractor might need to say until 6:30PM.