My tenant lease expired in 2010 . I want to evict him for habitual lateness in rent payments . Should I use notice to vacate letter.

In what state is the property located? We need to know which state in order to tell you the correct method.

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Originally Posted by LisaB4657

In what state is the property located? We need to know which state in order to tell you the correct method.

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Hi.
State of New Jersey

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Originally Posted by LisaB4657

In what state is the property located? We need to know which state in order to tell you the correct method.

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Property is in New Jersey

Ah. This might be a problem. NJ is one of the most tenant-friendly states in the country. A landlord cannot evict a tenant unless they fall into one of 16 specific categories. You can read the list on pages 36 through 43 here: http://www.nj.gov/dca/divisions/code..._lti/t_i_r.pdf

If the property you are leasing is located in an owner-occupied 2 or 3 family home then that law does not apply and the method of eviction is shown on page 43 at the above link.

If this is not an owner-occupied 2 or 3 family home then to evict for habitual late payment you would have to follow the procedure listed in item J. This method only works if the tenant pays late every month.

Since this is a month-to-month tenancy you would probably have better luck giving the tenant a 30-day written Notice to Quit and Notice of Rent Increase. If the tenant fails to pay the new rent amount on time you can immediately file a lawsuit for eviction without any additional notices. This method is detailed in item F.

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Originally Posted by LisaB4657

Ah. This might be a problem. NJ is one of the most tenant-friendly states in the country. A landlord cannot evict a tenant unless they fall into one of 16 specific categories. You can read the list on pages 36 through 43 here: http://www.nj.gov/dca/divisions/code..._lti/t_i_r.pdf

If the property you are leasing is located in an owner-occupied 2 or 3 family home then that law does not apply and the method of eviction is shown on page 43 at the above link.

If this is not an owner-occupied 2 or 3 family home then to evict for habitual late payment you would have to follow the procedure listed in item J. This method only works if the tenant pays late every month.

Since this is a month-to-month tenancy you would probably have better luck giving the tenant a 30-day written Notice to Quit and Notice of Rent Increase. If the tenant fails to pay the new rent amount on time you can immediately file a lawsuit for eviction without any additional notices. This method is detailed in item F.

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Thank you

My pleasure. Good luck!

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Originally Posted by Tom2525

Thank you

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If I increase the rent , do I need to begin a new lease?

Not if you don't want to. You can do it on a month-to-month basis.

No. You can just send a letter (certified) that his rent will be X dollars starting 10/1.

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Originally Posted by joypulv

No. You can just send a letter (certified) that his rent will be X dollars starting 10/1.

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In NJ the letter also has to include a Notice to Quit. Please see the link I provided above.

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Originally Posted by LisaB4657

In NJ the letter also has to include a Notice to Quit. Please see the link I provided above.

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Ok . Sound advise.
I have not asked for a rent increase during the 3 years this tenant been living at my property. What's the maximum I can increase the rent to .
I'm beginning to like this site. Again
Thanks for your knowledgeable help.

In NJ there is no stated maximum. Instead it has to be a "reasonable" amount. I have seen rents increased from $1,800 to $2,000 and that was considered reasonable. An increase of 10% is probably safe.