I need to find out what would be the best way to evict a tenant.?

My grandfather lives in a 2 family home in the state of NJ. He rents rooms on the 2nd floor of the house and is having problems with a tenant who is dirty and not taking care of the surroundings. He has paid one month of security with 1 month rent. This was for the whole month of Dec, it is now Jan and no rent. My grandfather just wants him gone. From what I know, room renting is somewhat illegal in this state but yet everyone does it. What can be done here? Should I have him give the tenant an eviction letter? Should I go to court? Any input would help. Thanks..

Renting a room in NJ is not illegal as long as you haven't set up an illegal apartment or are running an illegal rooming house, or perhaps your municipality has a law against how many unrelated people can live together. If your grandfather has done any of these, then he needs a good lawyer because the penalties are astronomical. He could even be arrested. If he has a 2 family house with a two bedroom apartment upstairs and rented each of the bedrooms out individually, then he is probably ok. Oh, and "everyone" doesn't do it.

There is also no such thing as an "eviction letter" in NJ. Evictions are done through the courts ONLY, and telling a tenant that they have to leave or threatening to "kick them out" without due process is a criminal offense.

Did your grandfather follow the law when it came to the security deposit act? If he didn't, the tenant can request that the law be followed (and he has to request it as it appears to be a 3 family or less owner occupied building) and if your grandfather doesn't, the tenant can legally apply the deposit as rent and your grandfather is prohibited from asking for another deposit.

Assuming your grandfather isn't breaking the law, his first option is to file for eviction based upon non-payment of rent. NO notice is required in NJ for non-payment unless the landlord included a notice clause in the lease. If he didn't, then your grandfather can file for non-payment if the tenant is even one minute late with the rent. The problem with this is that if the tenant comes up with the rent, they get to stay.

Your grandfather could also serve the tenant with a notice to cease regarding the conditions and then with a notice to quit if the tenant doesn't clean up his act. If he still doesn't clean up his act, then he can file for eviction for cause. The problem with this is that after the notice to quit is served, your grandfather can't accept any more rent (without a court order) or he will void the notice.

And if there isn't a lease, your grandfather could serve the tenant with a notice to quit (full calender month) based upon it being owner occupied (no cause needed for terminating a tenancy without a term lease for owner occupied three family or less). If the tenant doesn't vacate at the end of the period (if the tenant is served in January, February is the notice peiod and he would have to be out by March 1st) then your grandfather could file in court if he doesn't leave.

If your grandfather is doing even the slightest thing illegal, he needs a lawyer. If a tenant calls the building inspector, he could be paying each illegal occupant six months worth of rent as relocation benefits and a huge fine. The town next to me fines people who rent illegal apartments 25,000 per apartment. It's nothing to mess around with on your own.

Your grandfather may also need to register the rental(s) with the town (if it is required) because a judge won't grant possession to a landlord who hasn't registered in a town where registration is required. If the amount of units exceeds a certain amount, a state registration and inspection are required.

Send an eviction letter and tell them they have seven days from the date of the notice in which to pay or they can consider this their final warning. You can get the police involved because they will be considered trespassing. Sometimes, you have to be stern.

um give him a letter on things to improve on within a certain amount of time and if he does not let him know that he will be evicted, also do not go to court for the soul reason that it is illegal where ever you live. thats like going to court and blaming the cop that shot you because you were shooting at him... if you see what i mean.

Give the tenant notice to quit, to pay the rent or vacate, then file a formal eviction letter if they don't pay.

Most of the responses I'm reading are wrong.

You need to contact a Real Estate Attorney in your state and region, as real estate law varies from state to state. Believe it or not, there are plenty of laws to protect a tenant, so it is in your best interest to consult with a real estate attorney.

You can't just kick someone out, even if they are bad tenants. You can't keep his security deposit just to teach him a lesson, only if he causes property damage.

Consult with a real estate attorney before you do anything.

An eviction notice would probably be best if room renting is illegal. You don't want to take it to court and shoot yourself in the foot, you know?

An eviction notice from the court system. Usually gives them 30-45 days.

Talk to the guy. Don't just give him a letter. Be a hardass about it and tell him exactly what you have a problem with. Just be cool and calm and somewhat tough. If he refuses to listen or gets angry then you should take hi to court (or just threaten to do so first before you actually have to) But I would say court should be the last option.

remove the door from it hindges

does the tenant hold a lease or license or have a rent book. I suspect not. In which case you need to give a weeks notice or simply evict when all money has been used that means taking the security as rental income and if they want to pay more you do not accept you ask them to leave.

Give them 30 days notice for eviction. Don't just kick them out that is wrong and illegal.

For sure you need to give him a eviction letter. Just state all the reason why. Hopefully that will help :)

Better speak to a lawyer. Personally, I'd speak with the tenant first and tell them what you're planning to do.

But, what goes around comes around.

On the other hand, if it's illegal to do that, then how could there be a legal agreement that he can stay there? You could kick him out--but check the law first.

Have him give him an eviction letter...giving him a one months notice. Also right out a letter saying that he's not getting his security deposit back and explain why he's not. Also let him know he owes you for rent, and if he doesn't pay you will take him to court. Even if it's technically illegal he still has to give you the money. I watch way too many court shows. LOL

Go in & tell him he has to leave because he is not taking care of the house and because he hasn't paid his rent.

Enter Your Message or Comment

User Name:
User Email:
Post a comment:

Archive: Forum -Forum -Finance - Links - 1 - 2 - RSS - All RSS Feeds
The Causes and the Results. 0.044
Copyright (c) 2011 Financial Crisis Tuesday, May 29, 2012 - Terms of use - Privacy Policy