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    coketruck's Avatar
    coketruck Posts: 2, Reputation: 1
    New Member
     
    #1

    Jul 10, 2007, 06:41 PM
    Tenant refuses to leave (NJ)
    I have a home in New Jersey that contains two apartments, one apartment I live in, the other I rent to a tenant with a month-to-month verbal agreement. I sent them a letter on May 29th through certified mail telling them the agreement will not be renewed and that they have thirty days to vacate the premises (June 30th). It is now July 10th and they are still living there.

    This situation is unique and very difficult to find information on, hopefully someone can help. The Anti-Eviction Act in New Jersey state does not apply in this case because the property is "owner-occupied" and the only paper that needs to be sent is one months notice (which I did).

    Unfortunately, a court date was scheduled by me but will not take place for nearly a month. Is there a faster way to remove these people? The have no paperwork stating they have a legal right to be there. Technically it is my home. I live here. Could I call the police and state that they are trespassing?

    Also, if they decide to move out a day or a week from now, it is possible they will deny they remained beyond July 1st. I tried getting a police officer to be a witness to the fact that they are living there but a woman at the station refused to get involved claiming "we dont touch landlord/tenancy cases with a ten foot pole." I would greatly wish to avoid a he said/she said case.

    Thank you for any help or advice.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #2

    Jul 10, 2007, 06:59 PM
    NO, they are not tresspassing, since they were renters, not guests.
    They are merely in default of a rental agreement, civil not criminal.
    So you have to wait for a court date.

    Welcome to being a landlord,
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jul 11, 2007, 05:32 AM
    Quote Originally Posted by coketruck
    Also, if they decide to move out a day or a week from now, it is possible they will deny they remained beyond July 1st.
    Hello coke:

    Video tape yourself with today's newspaper with the DATE showing knocking on their door and them answering.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jul 11, 2007, 06:02 AM
    You couldn't get a court date sooner ? What do the tenants say? Could it be that they are looking for a new place and just haven't been able to find one yet? Thirty days is really a tight time frame to find a new place, and arrange to move.

    I would first try to understand why they are still there. If they are telling you they are looking and just haven't found anything yet, I would be inclined to give them more time. Otherwise, tell them you are going to pursue legal remedies to get them out because they have left you with no chance. Having an eviction on their record will not make it easier for them to find new quarters.

    Oh, I don't see this as a unique situation.
    coketruck's Avatar
    coketruck Posts: 2, Reputation: 1
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    #5

    Jul 11, 2007, 10:25 AM
    Thank you for the responses thus far.

    I verbally gave them notice May 2nd, legally and through certified mail on May 29th. 30 days is all that is required by law in NJ if it is a month-to-month agreement. I took them to court for non-payment of rent for May in June and they denied receiving verbal notice to move(that was brought up in court), also said they were living off the security for May. To not get too long-winded, I will simply say they are not ideal tenants.

    I also believe if they do leave within a week or two, or even before a notice to appear in court arrives, they will feign ignorance and attempt to get away with the 11+ days they have remained, by stating they did indeed leave on July 1st. Either way, if they do begin to move, I will photograph them doing so with a newspaper. The newspaper verification was a good suggestion.

    I filed for a court date on June 27th anticipating they would not move. I called the court two days ago and they said it would take another two weeks for a court date to be assigned due to a high level of cases at the moment.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Jul 11, 2007, 10:38 AM
    I'm confused. You say you took them to court already for non payment. What was the result of that? They aren't allowed to "live off the security", While the landlord can, in most states, keep the security to cover unpaid rent, the tenant can't decide that's what is going to happen.

    So, they should have been ordered to pay back rent at that time. If they didn't you should be able to go back to the court for an eviction order without another hearing. Once you get the order, you hire a sheriff to put them out.

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