OT: Evicting a tenant in NJ - process?
- Thread starter KeithK7624
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anon_0k9zlfz6lz9oy
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If tenant in NJ knows landlord-tenant laws they can really get it dragged out especially if its winter months
Get a lawyer dude FFS. Don’t try to save $1000 when you already lost 15k
I know. I think that coaching staffs should add an online analyst who can monitor their team's message board during the game and let the coaches know when the online community disagrees with their coaching decisions.
Or if they have a young child.
You have a human termite infestation, not a tenant. Call an exterminator, not a lawyer.
I appreciate that it’s not the approach for everyone but it sounds to me like this guy needs his ass kicked. And then just toss his crap out at the curb. If he calls the cops just take your chances s/he understands the situation. And again I get it — not the approach for most — but I’d argue he’s not a tenant at all. It’s merely an argument between “friends.”
Hmmm…..wonder if no formal lease can work in your favorite. I suggest you just move him out and change the locks. Let him prove in court why he has the right. Doubt he wants to hire a lawyer. Just my opinion, not legal advice.
If this board can't help, try this ( I found googling landlord rights)
Landlord Q&A Forum
https://www.thelpa.com/lpa/forum.html
It probably would help get (ex) friend out of your hair if you had a written rental agreement signed by the both of you, but looks like it was just a verbal one.
So his word against yours.
Here’s something I found googling landlord’s rights
State Laws on Unconditional Quit Notices & Terminations | Nolo
>”Habitual failure to pay rent after written notice”<
https://www.nolo.com/legal-encyclopedia/state-laws-unconditional-quit-terminations.html
Landlord Q&A Forum
https://www.thelpa.com/lpa/forum.html
It probably would help get (ex) friend out of your hair if you had a written rental agreement signed by the both of you, but looks like it was just a verbal one.
So his word against yours.
Here’s something I found googling landlord’s rights
State Laws on Unconditional Quit Notices & Terminations | Nolo
>”Habitual failure to pay rent after written notice”<
https://www.nolo.com/legal-encyclopedia/state-laws-unconditional-quit-terminations.html
This is a very good place. Period.
Not a lawyer , but I think that is an “ejectment “ . You can’t just do that . It’s a legal process
Agree . As much as we argue with each other over sports , which is trivial in the scheme of life , we give or at least try to give solid info to people regarding life.
Talk to a real lawyer. Me. Bwrlaw at yahoo. We can exchange contact info and discuss your options.
I'm with you. Might be illegal as some said above but this asshat prob doesn't have the funds to hire a lawyer so I'd take my chances
Forget being nice. Some people only understand when you fight fire with fire.
Unfortunately some tenants are complete scumbag humans that know how to work the system and don't deserve and ounce of respect. I was a landlord for years and luckily only had one bad tenant. When she tried to F me I was prepared and effed back X2 and she backed down.
Then I got smart and got out of the landlord game
Don’t listen to this ^ guy. Talk to a fake lawyer. Me. HookersAndBlow69 at compuserve. I am not a lawyer, but I play one in Internet forums.
And what you need to do here is obvious. Sell your former friend. Use the proceeds to offset the lost rent. Sell his possessions. Figure out if he has family in the area and sell them, too. That way they won’t complain about their missing relative.
See. I not only saved you legal fees and court costs, I found you a highly profitable path forward.
No need to thank me. At HookersAndBlow69, a happy and satisfied client is all the thanks we need.
“Affecting.“
Hopefully the seriousness of the situation isn’t robbing him of his sense of humor as it seems to have done with you.
This! I have several clients who are landlords, only two who have had any real success. of the two it’s interesting because they have two different strategies when it comes to managing tenant issues.
client 1) is a biker dude crazy mofo. He owns 10-15 properties. He resolves tennant issues through intimidation because he knows courts are a nightmare. If a tenant gets too far behind on rent you get visit from the landlord. If you don’t pay you get a visit from the landlord and 5-6 of his biker buddies late at night after they have been drinking and you either pay in short order or you GTFO. All through the pandemic I didn’t here of one of his tenants not paying.
Client 2) owns several properties, more of a businessman than client 1. He screens his tenants beforehand for credit and reputation quality. Even then he has had a few issues but resolves them through the courts.
have had several other clients try to be a landlord and most fail miserably. Worst one was a client who bought a single family home to rent out. Rented it to a biker dude who paid the first months rent and then never paid again and it took her four years to get the guy out. By the time she finally got him evicted he totally destroyed the place that literally everything had to be rebuilt.
for most people being a landlord is not easy.
There are a lot of illegal things that doesn’t have any punishment. OP has to weight that. If the penalty is so small the friend isn’t incentivize to hire a lawyer to fight it. That’s only reserve for the rich folks. Again, only an opinion.
About 10 years ago, the older couple across the street went through a very long, legal process to evict a tenant. I was astounded at how difficult it was to evict someone from a property you own and still not even recoup what was owed to them. Take the advice of @RUskoolie and get the lawyer ASAP. By the way, your friend is a complete dickwad.
The law in NJ is actually really straight forward. The problem for LLs in NJ is just that many of them have no idea what they're doing. I used to watch like clockwork the LLCs that wouldn't retain attorneys thrown out every session. It was pretty hilarious.
What does it say about the landlord if the tenant knows the law more than they do?
Restart is correct. Warranty of habitability is the only defense.
The only other thing that is going drag it out is the landlord not filing correctly. Which BTW plenty of non-lawyer landlords manage to do. It's really not that hard.
It's just that landlords in some cases don't bother to educate themselves, and that's not the tenants' problem.
Correct, it's called self help eviction and it's illegal in all 50 states.
But it gets back to the issue of why landlords run into problems. This is something that can be googled and they don't do it.
There would be a MASSIVE penalty for that.
If he throws the guys' stuff out he can be sued by the tenant. And the tenant would almost certainly win.
SELF HELP EVICTION IS ILLEGAL. DO NOT DO IT.
Non payment doesn't require a notice to quit. Unfortunately however, the backlog in the Courts is ridiculous at the moment. You can seek covid assistance as a landlord and will likely recover on the lost rent. But you'll be stuck with your friend for a bit.
If you file a complaint yourself, make sure you follow the new rules and new forms. There were a few changes in covid which now require a cover sheet etc.
This is for informational purposes only and does not constitute a attorney-client relationship. Talk to an attorney for more information if you intend on proceeding.
If you file a complaint yourself, make sure you follow the new rules and new forms. There were a few changes in covid which now require a cover sheet etc.
This is for informational purposes only and does not constitute a attorney-client relationship. Talk to an attorney for more information if you intend on proceeding.
Why am I not surprised that you are a cheerleader for asshats that try to work the system for rent-free housing.
I was referred to this firm in Wall a couple of years ago on a collection matter (not landlord/tenant), but we ultimately did not use them, because the amount owed to us was not worth the time, trouble and money to pursue the matter. They came highly recommended.
I Googled "nj is a verbal lease enforceable", and this is the first hit that came up. I took a look at their Google reviews (which are not always accurate), and they seem like a good firm to do the job for you.
There is a Peter Sr. and a Peter Jr. at this firm.
You can check out the reviews, which are quite positive. Good luck.
Are Oral Lease Agreements Legally Binding? • NJ Eviction Attorneys | Tenant Eviction Services | Ragan & Ragan, PC
An oral/verbal lease exists when there is no written lease to serve as a contract between a landlord and his or her tenants. In the absence of an agreement in writing, any conversations about the price of the rent, when the rent is due, or how the property can be used becomes an oral...
njevict.com
Ragan & Ragan, PC - We’re Here for You • NJ Eviction Attorneys | Tenant Eviction Services | Ragan & Ragan, PC
Landlord tenant disputes are on the rise in our country with more disputes being filed every day. Landlords should be able to focus on providing decent housing for their tenants, not stressing about a landlord-tenant dispute that could affect them financially. That’s where we come in. At Ragan &...
njevict.com
I just play a lawyer in football msg boards 😀. If there is no lease, why is this person a tenant? I do see a lot of commercial tenants going with licensing agreements instead of leases for shorter term stuff.
See below.
Are Oral Lease Agreements Legally Binding? • NJ Eviction Attorneys | Tenant Eviction Services | Ragan & Ragan, PC
An oral/verbal lease exists when there is no written lease to serve as a contract between a landlord and his or her tenants. In the absence of an agreement in writing, any conversations about the price of the rent, when the rent is due, or how the property can be used becomes an oral...
njevict.com
Or trying to make sure everyone realizes that if you go about evicting a tenant the wrong way, the tenant gains the upper hand if the dispute reaches the courts
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