[LisaB4657]

Sure you can say it. But they can say just as easily that they were there longer. And if the judge chooses to believe them over you then you're in big trouble. Sure you want to take that chance?

[merkmatt]

I don't want to take any chances.. when they come home I'm am going to have a talk with them.. and say this. And tell me what you think.. and I also called the cable company and had them check the box remotely and that said that it still works and I had the lady notate on the account.. this is what I'm going to say "this living arrangement is no longer working out. We must part ways from each other for the sake of health. this has to end now. sorry that it has to work out this way but its over" feels like break up lol

[LisaB4657]

Why are you even bothering to talk to them? Hand them the notice and walk away.

[merkmatt]

You are hereby notified to vacate the occupied premises and remove all of your possessions. Details regarding this day Notice To Vacate are included below.

OK in this part what do I put here.. and the next part the big blank spot the reason?

And what should I put in the reason part of it

[LisaB4657]

What is the reason you're evicting them?

[merkmatt]

Health stress.. and we are ready to be by are selves

[LisaB4657]

Unfortunately those are not considered "just cause for eviction" reasons under NJ law. But the need to provide just cause is not required when the unit is an owner-occupied two or three bedroom unit. Since you are the landlord here this would be considered an owner-occupied unit and you should not have to provide a cause.

I would leave the cause section blank and just give them 30 days notice.

[merkmatt]

Does it make a difference.. I am a tenant who is the owner of the lease and they are sub tenants.. will that make a difference in this issue?

[LisaB4657]

It shouldn't. In this case you are the landlord and you are occupying the unit.

[merkmatt]

If that's what you mean by me being the landlord then yes I understand and what do I put in the little box above the reasons section?

And should I collect the rent for this month? If they give it to me

[LisaB4657]

You put "30" in the box. And they are responsible for rent until the end of the notice period so yes, you collect the rent. However if you give them this notice there's a good chance they won't pay.

[merkmatt]

I'm sure they won't I have already covered the rent and am going to pay it tomorrow. Would you mind if I sent you the form and show you what I have filled out to your email to make sure I got it right? Or you don't do that?

And if they don't pay then I can book them sooner right?

[LisaB4657]

I prefer not to handle anything here by private email.

The form is fairly simple and there are instructions on the site. You insert the names, the address of the property, the time and the date by which they must move. Make sure you make a copy of the form and keep it in case you need it for court in the future.

If they don't pay then you can immediately file a lawsuit for eviction but they can cancel that lawsuit by making payment.

[merkmatt]

OK I do appreciate. Your help very much I'm going to go and print this now and leave it on the table

And am I able to that myself or do I need a lawyer

Also do I bring this letter to the court after submitting it to them

[LisaB4657]

You don't leave it on the table--you hand it to them personally. If they don't move out by the date in the notice then you go to the county courthouse and ask the clerk for the forms necessary to file a lawsuit for eviction. Fill in the forms and file them with the clerk. You don't give your copy of the notice to anyone else--just bring it with you when you've been assigned a trial date.

[merkmatt]

Will do I'm going to go print this now

Should I get it notarized

[ScottGem]

You don't need it notarized. Notarization just makes sure the signer is identified. Since you know you wrote the document its not necessary.

As Lisa noted, because this is, an owner occupied single unit the requirement to have a valid reason to evict doesn't apply. See the law I linked to earlier.

If they do get violent you call the police and you might be able to get them out sooner by getting a restraining order against them. But if you provoke violence it can go against you.

The bottomline here is they are YOUR tenants. Your landlord doesn't enter into it. So you have to handle the removal yourself. And the process is as Lisa described. You give them a written notice (you retain a copy) That they are required to vacate within 30 days. The notice should be dated, it should include all names and the address of the premises.

On the 31st day if they have no vacated, you file in your local housing court for an eviction order. A hearing will be scheduled and you will need to serve them notice of the hearing. At the hearing they can argue why they shouldn't be evicted. But, unless you have provided valid grounds for that (by lying, illegal eviction or not following the law), the eviction order should be granted. If they still don't leave, then you hire a sheriff to physically remove them.

P.S. Please don't keep posting one line notes. If you think of something else to say, hit the Edit button and add it rather than a new note.

[merkmatt]

OK I'm sorry but ty so much for the info lisa and scott. As soon and my mom gets back to her home I am going to go and print this and submit it. Tonight.. I will follow back up with you guys when more things happen.. and I can't get into a physical altercation because of my current injury. So trust me that will not come from my part if he swings at me I will right away call the police. And have one of my friends there to bare witness.. if I need anymore advice I will post back here.. ty so much

[ScottGem]

have one of my friends there to bare witness..

That is a very good idea. The friend can bear witness that they were served and, (hopefully it won't be necessary) that you were attacked.

Good luck and keep us posted. Usually, once they know you know the law and are using it they will back down and vacate.

[merkmatt]

In that form for tenant name of rental property that would be my name right?