OT: Evicting a tenant in NJ - process?

[KeithK7624]

So like an idiot I rented a house out to a friend. He lost his job during Covid and he started of being late on rent. Then started paying 0. He quickly became an ass and used the rent moratorium as an excuse and that he would pay in full soon. He was expecting an inheritance. For months, I felt bad and let things slide. It’s to the point he owes about $15k and I have no hope of recovering it. I’ve asked him to leave and he basically says no. I’ve tried googling how to evict him but literally every article is about a tenants rights. I just want him out. Taking him to court after to garnish wages is a plus, but again, just want him out. Any advice or pointing me in the right direction is appreciated.

 

[KeithK7624]

Florida is pretty cut and dry. Takes like a month and a simple form 🤦🏼‍♂️

 

[RutgersRaRa]

Paging @RUskoolie

 

[retired711]

Getting legal advice from a sports chatboard is a bad idea. You need a lawyer, especially with this amount of money at stake. You don't know what defenses the tenant (or his lawyer, and yes, he might get a lawyer) will dream up.

 

[DJ Spanky]

On the flip side, you need to track down Vinnie and Tony: I've heard they're very good at solving problems like this. I think you can find them at this bar:

 

[DJ Spanky]

Getting legal advice from a sports chatboard is a bad idea.

Yeah, but getting medical advice here is alright, isn't it?

 

[retired711]

Yeah, but getting medical advice here is alright, isn't it?

Sure! What can go wrong??

 

[Plum Street]

I don’t know the full process . But I believe in New Jersey landlord tenant court is in special civil of the state superior court system in the county/vicinage you are in .
You need to file paperwork there. I would think it’s a process you could start there . I don’t think you would need a lawyer for this if you can read court instructions. But I could be wrong. New Jersey courts is known for hooking up the non paying tenants . The big multi family owners can absorb missed payments and some deadbeat tenants, the smaller guy renting single family and small multi- family sometimes can’t.
I know you have to demonstrate a landlord-tenant relationship - lease agreement, rent payments etc.
Good luck and sorry you lost some $ and a friend.

 

[RUDouglass]

So like an idiot I rented a house out to a friend. He lost his job during Covid and he started of being late on rent. Then started paying 0. He quickly became an ass and used the rent moratorium as an excuse and that he would pay in full soon. He was expecting an inheritance. For months, I felt bad and let things slide. It’s to the point he owes about $15k and I have no hope of recovering it. I’ve asked him to leave and he basically says no. I’ve tried googling how to evict him but literally every article is about a tenants rights. I just want him out. Taking him to court after to garnish wages is a plus, but again, just want him out. Any advice or pointing me in the right direction is appreciated.

So like an idiot I rented a house out to a friend. He lost his job during Covid and he started of being late on rent. Then started paying 0. He quickly became an ass and used the rent moratorium as an excuse and that he would pay in full soon. He was expecting an inheritance. For months, I felt bad and let things slide. It’s to the point he owes about $15k and I have no hope of recovering it. I’ve asked him to leave and he basically says no. I’ve tried googling how to evict him but literally every article is about a tenants rights. I just want him out. Taking him to court after to garnish wages is a plus, but again, just want him out. Any advice or pointing me in the right direction is appreciated.

NJ is a tenant’s rights state. It’s a very long process to evict a tenant. I had a tenant stop paying rent and it took 7-8 months do finally get them out of the property (and that required the sheriff escorting them out). Go to your county court house and begin the process ASAP. You don’t need a lawyer (and paying one just adds to your bills). You also won’t get any back rent as part of the eviction. You can attempt to sue the tenant in civil court for any back rent.

 

[WhiteBus]

Isn't this a CE board thread??

 

[rutgersguy1]

Getting legal advice from a sports chatboard is a bad idea. You need a lawyer, especially with this amount of money at stake. You don't know what defenses the tenant (or his lawyer, and yes, he might get a lawyer) will dream up.

Actually, I have the reverse opinion I think this place is a very good place to get info. It doesn't replace actually getting a lawyer and what not but it can point you in the right direction and give you an idea of what's to come.

I say this often here. It may say "Rutgers Football" technically but this is a "Rutgers and friends" community board and that is much more valuable. You have people here who are lawyers, doctors, accountants, etc...and also people who have all sorts of experiences (including rental property owners in NJ) why wouldn't you tap that kind of resource. We had a thread about colonoscopies here with people who have had them, their experience and one of our biggest fans, who also happens to be a nurse, chimed in as well.

Law advice, medical advice, etc...imo this place is a very good resource that can at the very least point you in the right direction or give you first hand info of what others have gone through etc.. It doesn't mean you don't actually go see a lawyer or doctor etc...it's not a replacement for that but it is a supplemental resource.

 

[mildone]

Actually, I have the reverse opinion I think this place is a very good place to get info. It doesn't replace actually getting a lawyer and what not but it can point you in the right direction and give you an idea of what's to come.

I say this often here. It may say "Rutgers Football" technically but this is a "Rutgers and friends" community board and that is much more valuable. You have people here who are lawyers, doctors, accountants, etc...and also people who have all sorts of experiences (including rental property owners in NJ) why wouldn't you tap that kind of resource. We had a thread about colonoscopies here with people who have had them, their experience and one of our biggest fans, who also happens to be a nurse, chimed in as well.

Law advice, medical advice, etc...imo this place is a very good resource that can at the very least point you in the right direction or give you first hand info of what others have gone through etc.. It doesn't mean you don't actually go see a lawyer or doctor etc...it's not a replacement for that but it is a supplemental resource.

Agree.

 

[Source]

You might want to check into any tax implication that non-payment of rent might present. I found the following article on the internet.

Rental income tax treatment for late or unpaid rent

During COVID-19, many landlords are facing late or unpaid rent from their tenants. This article covers the tax rules applicable to late and unpaid rents.

www.wipfli.com

 

[S_Janowski]

Sounds like you need better friends. Jk.

 

[T2Kplus20]

Yeah, but getting medical advice here is alright, isn't it?

Or investment advice! :)

 

[T2Kplus20]

NJ is a tenant’s rights state. It’s a very long process to evict a tenant. I had a tenant stop paying rent and it took 7-8 months do finally get them out of the property (and that required the sheriff escorting them out). Go to your county court house and begin the process ASAP. You don’t need a lawyer (and paying one just adds to your bills). You also won’t get any back rent as part of the eviction. You can attempt to sue the tenant in civil court for any back rent.

Rule #1 - Never be a landlord in NJ
Rule #2 - See #1

 

[Pils86]

Had to evict someone once. Months and legal fees. Two things or lawyer told us, NJ is strongly tenant friendly and he would never own rental property in NJ, and if the loser declares bankruptcy he can delay the process at least another year.

Heard a story on the radio once, can't vouch for truth. Landlord had rented to a family and they immediately stopped paying, knew all the tricks and worked the system, apparently went from house to house every few years without paying. After 6 months or so the landlord waited for them to go to work (they had money, just didn't pay), brought in moving company and packed up their whole house and put in storage, first month was $1. Changed the locks and waited for them to come home. Told them they were out and gave them the information where their stuff was stored. Tenants called police and they hear them both out and then said this is a civil matter and left. Tenants left and never heard from again. Sometimes dealing with scumbags you gotta be one.

 

[Knight Shift]

Rule #1 - Never be a landlord in NJ
Rule #2 - See #1

Been a happy and successful landlord since 1999. One issue in 22 years. Screening tenants in advance is key. Don't rent to "friends."

 

[MulletCork]

Good luck. I have a friend going thru this in this Jersey hell hole

They rented out grandma’s house and now cannot rid themselves of these people after over a year of non payment and destruction by the residents to boot. It’s actually insane. They broke into the detached garage which was off limits to boot. Courts and lawyers are a joke and absolute scum of the earth.
Back in the day this problem could have been resolved a lot more quickly and physically.

 

[RUskoolie]

OP I run a property management business that oversees probably 1000 tenants. (We also broker and do construction shameless plug)

Hire an eviction attorney and file a Notice to Quit immediately for non payment of rent and more importantly any lease violations. That will basically get you a place in line to evict like you are ordering deli meat at the supermarket. Filing eviction for something other than non-payment can help you jump ahead and line a little bit. Remember, everyone’s favorite New Jersey Democrat prohibited evictions for over 18 months.

Then you also have the same attorney apply for a default judgment against this loser. You are going to sue him for all of that money owed and serve him with that notice. The second tactic can scare people out of the house and they move suddenly.

We picked up a property to manage from a client in 2020 and the tenant stopped paying and owed $29,000 as of last month. The default judgment scared him out and long story short we are now renting it to a new person. Depending on the location we could manage the property for you, feel free to DM me.

Do not feel bad. Do not negotiate. F this guy and the horse he rhode in on. Follow my advice.

 

[rutgersguy1]

Been a happy and successful landlord since 1999. One issue in 22 years. Screening tenants in advance is key. Don't rent to "friends."

Family member has rental properties in another state and he told me the same thing. Screening tenants is a big thing in successful rental.

 

[retired711]

Actually, I have the reverse opinion I think this place is a very good place to get info. It doesn't replace actually getting a lawyer and what not but it can point you in the right direction and give you an idea of what's to come.

I say this often here. It may say "Rutgers Football" technically but this is a "Rutgers and friends" community board and that is much more valuable. You have people here who are lawyers, doctors, accountants, etc...and also people who have all sorts of experiences (including rental property owners in NJ) why wouldn't you tap that kind of resource. We had a thread about colonoscopies here with people who have had them, their experience and one of our biggest fans, who also happens to be a nurse, chimed in as well.

Law advice, medical advice, etc...imo this place is a very good resource that can at the very least point you in the right direction or give you first hand info of what others have gone through etc.. It doesn't mean you don't actually go see a lawyer or doctor etc...it's not a replacement for that but it is a supplemental resource.

I've pointed him in the right direction: get a lawyer. Don't rely on legal advice from non-lawyers. That's what I would tell a friend. Everything that's been said in this thread makes clear that evicting a tenant in New Jersey is a difficult and lengthy process. Doing it yourself is like trying to give yourself a colonoscopy. And I say that as someone with a professional qualification who has taught this subject to law students.

 

[Legendary Irish]

OP I run a property management business that oversees probably 1000 tenants. (We also broker and do construction shameless plug)

Hire an eviction attorney and file a Notice to Quit immediately for non payment of rent and more importantly any lease violations. That will basically get you a place in line to evict like you are ordering deli meat at the supermarket. Filing eviction for something other than non-payment can help you jump ahead and line a little bit. Remember, everyone’s favorite New Jersey Democrat prohibited evictions for over 18 months.

Then you also have the same attorney apply for a default judgment against this loser. You are going to sue him for all of that money owed and serve him with that notice. The second tactic can scare people out of the house and they move suddenly.

We picked up a property to manage from a client in 2020 and the tenant stopped paying and owed $29,000 as of last month. The default judgment scared him out and long story short we are now renting it to a new person. Depending on the location we could manage the property for you, feel free to DM me.

Do not feel bad. Do not negotiate. F this guy and the horse he rhode in on. Follow my advice.

This is why this board IS a great place to ask questions.

 

[restartRU]

OP I run a property management business that oversees probably 1000 tenants. (We also broker and do construction shameless plug)

Hire an eviction attorney and file a Notice to Quit immediately for non payment of rent and more importantly any lease violations. That will basically get you a place in line to evict like you are ordering deli meat at the supermarket. Filing eviction for something other than non-payment can help you jump ahead and line a little bit. Remember, everyone’s favorite New Jersey Democrat prohibited evictions for over 18 months.

Then you also have the same attorney apply for a default judgment against this loser. You are going to sue him for all of that money owed and serve him with that notice. The second tactic can scare people out of the house and they move suddenly.

We picked up a property to manage from a client in 2020 and the tenant stopped paying and owed $29,000 as of last month. The default judgment scared him out and long story short we are now renting it to a new person. Depending on the location we could manage the property for you, feel free to DM me.

Do not feel bad. Do not negotiate. F this guy and the horse he rhode in on. Follow my advice.

I also think this board can be a great resource for almost anything. Its a great starting point to gather information. I have evicted plenty of tenants and sued for unpaid rent in NJ. Prior to the pandemic, evicting someone for non-payment of rent was pretty black and white. There is, I believe, a moratorium in place until 12.31.21 but confirm that yourself.

A notice to quit is not required for non-payment of rent. And for landlord tenant and money judgment complaints for nonpayment of rent (2 separate lawsuits in NJ), you don't really need an attorney. The forms are available and are very user friendly.

I suggest you file the landlord tenant complaint and the money damages complaint ASAP. Do not wait.
Your friend kind of sounds like a %$&*.

Is there a written lease or just a verbal agreement? Has he done anything wrong besides not pay rent ? If so, then that may require a notice to quit.

Check out these links:

https://www.njcourts.gov/forms/10289_info_landlords.pdf?c=iLK



https://www.njcourts.gov/forms/10282_collect_money_jdgmnt.pdf?c=3X2



https://www.njcourts.gov/selfhelp/index.html



https://www.njcourts.gov/forms/11252_verified_complaint.pdf

 

[newell138]

When I owned a duplex on Guilden st I had a problem with a tenant who refused to leave when her lease ended. The weird thing was all her roommate moved out, she just wasn’t having it and I had new tenants moving in within a week. I went over with a couple friends and just started throwing her stuff to the curb She had cats too and they used the house as a litter box. It stunk to high heaven. She was kind of hot too but really dirty This was in the 80s likely wouldn’t fly now. I hear if they have kids it’s impossible to throw them out
good luck sounds like you need to file papers sooner rather than later to set that deadline for the tenant

 

[angmo]

Sell it.

Or...

Liquid ASS is an overwhelming, stinky, funny prank product.

Once unleashed, this power–packed liquid begins to evaporate filling the air with a genuine butt–crack smell with hints of dead animal and fresh poo.

liquidass.com

 

[KeithK7624]

Being married to a lawyer, I know lawyers tend to say get a lawyer even if not required.

some more context. No formal lease is in place. Which again is my fault. Guy is pretty much squatting now.

additionally, last year around this time, he was arrested at the house for selling weed. So between that and the lack of rent, I’m sure I have a solid case.

 

[RUinPinehurst]

Being married to a lawyer, I know lawyers tend to say get a lawyer even if not required.

some more context. No formal lease is in place. Which again is my fault. Guy is pretty much squatting now.

additionally, last year around this time, he was arrested at the house for selling weed. So between that and the lack of rent, I’m sure I have a solid case.

When he next is off premises, change the locks. Move his stuff to a storage unit. He's not a friend. He's a freeloader.

 

[anon_0k9zlfz6lz9oy]

Being married to a lawyer, I know lawyers tend to say get a lawyer even if not required.

some more context. No formal lease is in place. Which again is my fault. Guy is pretty much squatting now.

additionally, last year around this time, he was arrested at the house for selling weed. So between that and the lack of rent, I’m sure I have a solid case.

You have what is called a “tenancy at will” which therefore will require a 90 days notice to quit. Due to not having a lease in place its gonna drag this eviction out a tad longer than NJ already normally is. As @RUskoolie said, hire a real estate attorney ASAP and file that notice to quit. I dont own any investment properties in NJ, just Texas and Arizona. TX and AZ are what we call “dont pay, dont stay” states. The courts dont have sympathy for leaches ( @Gudenham will like this vernacular ) who dont pay their bills in those states. 2-3 weeks from the day you file the notice to quit til they formally issue the eviction.

 

[T2Kplus20]

TX and AZ are what we call “dont pay, dont stay” states. The courts dont have sympathy for leaches who dont pay their bills in those states. 2-3 weeks from the day you file the notice to quit til they formally issue the eviction.

Should be like this in all states.

 

[hoquat63]

There’s a house near me where the landlord attached a 4 x 8 sheet of plywood to the house and painted on it something like “John Smith is a scumbag who owes me $20,000 in back rent. ( not sure if that was the real amount and the name has been changed).
Doubt that is a successful strategy, haven’t been by the house in a month or two.

 

[HeavenUniv.]

Landlord gets revenge on tenants by dumping their junk outside their new home

A FRENCH landlord has exacted sweet revenge on filthy tenants who trashed his property – by dumping all their abandoned junk outside their new home. Astonishing footage shows the moment Thoma…

www.thesun.co.uk

 

[ruhoopscrazy]

You have what is called a “tenancy at will” which therefore will require a 90 days notice to quit. Due to not having a lease in place its gonna drag this eviction out a tad longer than NJ already normally is. As @RUskoolie said, hire a real estate attorney ASAP and file that notice to quit. I dont own any investment properties in NJ, just Texas and Arizona. TX and AZ are what we call “dont pay, dont stay” states. The courts dont have sympathy for leaches ( @Gudenham will like this vernacular ) who dont pay their bills in those states. 2-3 weeks from the day you file the notice to quit til they formally issue the eviction.

 

[knightfan7]

Or investment advice! :)

Especially since it appears no one here ever loses. all big winners.

 

[RU-05]

Yeah, but getting medical advice here is alright, isn't it?

Kind of like how a bunch of posters on a message board can, at times, have a better opinion then a football coach as per what goes on on the football field. A bunch of posters on a message board can also have a better opinion then a medical professional.

I know I've run into a couple professional medical opinions I was not ecstatic about recently.

 

[RU-05]

So like an idiot I rented a house out to a friend. He lost his job during Covid and he started of being late on rent. Then started paying 0. He quickly became an ass and used the rent moratorium as an excuse and that he would pay in full soon. He was expecting an inheritance. For months, I felt bad and let things slide. It’s to the point he owes about $15k and I have no hope of recovering it. I’ve asked him to leave and he basically says no. I’ve tried googling how to evict him but literally every article is about a tenants rights. I just want him out. Taking him to court after to garnish wages is a plus, but again, just want him out. Any advice or pointing me in the right direction is appreciated.

I had a buddy in an apartment and he was typically late, which I can live with, but then he got pretty far behind, which was def not good, and then he blew out his knee so couldn't work. At that point I said, sorry buddy, you got to go.

Thankfully he did. So we are still cool.

 

[restartRU]

Should be like this in all states.

there is no defense to non-payment of rent in NJ other than claiming the property is uninhabitable which puts a huge burden on the tenant to prevail. I've gotten tenants tossed pretty quickly - but not in 2-3 weeks.

 

[RU-05]

Especially since it appears no one here ever loses. all big winners.

I'm still down from my highs back in March. I've def had some stinker buys, and sells since that point.

 

[knightfan7]

I'm still down from my highs back in March. I've def had some stinker buys, and sells since that point.

An honest man. Refreshing.

 

[DJ Spanky]

Kind of like how a bunch of posters on a message board can, at times, have a better opinion then a football coach as per what goes on on the football field.

I really am shocked that athletic directors don't pay attention to the obvious coaching talent displayed on message boards. This is truly an untapped resource for them.