Hello:

I have a major problem. And I hope someone can help me. I live in New Jersey. I have a closing on my house I'm selling... set for 8/15/08. It's a 2 family house, I do not occupy any of the apartments. My tenants were month to month. I sent them the legal 30 day notice to vacate the premises due to the sell of the house, because the new owner wants it empty upon receipt. However one tenant decided to stay for another month. My question is about this tenant being legally deemed a holdover tenancy now, and if so... does anyone know what the holdover tenancy penalty is for the State of New Jersey, because there is no penalty clause for a holdover tenancy in my lease.

PLEASE HELP ME ASAP
Jim

If they have told you that they aren't moving, I think that you will need to go to court and file for eviction. You don't have to agree to let them stay.

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Originally Posted by jim1

Hello:

I have a major problem. And I hope someone can help me. I live in New Jersey. I have a closing on my house I'm selling... set for 8/15/08. It's a 2 family house, I do not occupy any of the apartments. My tenants were month to month. I sent them the legal 30 day notice to vacate the premises due to the sell of the house, because the new owner wants it empty upon reciept. However one tenant decided to stay for another month. My question is about this tenant being legally deemed a holdover tenancy now, and if so.... does anyone know what the holdover tenancy penalty is for the State of New Jersey, because there is no penalty clause for a holdover tenancy in my lease.

PLEASE HELP ME ASAP
Jim

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There should be a link to your state's LL / tenant laws in the "sticky" at the top of this forum. There should be something in the laws about holdover and how you handle it.

Do you believe this person will stay a month and then really leave, or do you think they'll drag it out? When is the closing supposed to occur?

If you sent them a legal notice that you were terminating tenancy and they did not vacate, then on the 31st day, you go to court and obtain an eviction order. There may need to be some time involved to have a hearing, obtain the order then execute the order.

You can then sue the tenant for any costs involved in the eviction. If their staying causes your losing the sale you can sue them for damages.

If you explain all this to them And tell thenm you WILL follow through, that may inspire them to vacate.