Evict Tenants And Move In
In New Jersey, I inherited a house from my father . There are tenants occupying the residence on a month-to-month. I want to move in and use it as my primary residence. Is this grounds for eviction? If so,how much notice for them to vacate is required? ( I think I read someplace that it is 2 months).Also, in this case, do they have any legal recourse if they refuse to vacate, or is it simply "cut & dry "? In short, I am the new property owner of a one family house in N.J. and I want to move in and make it my permanant primary residence A.S.A.P.
Thanks for any similar experiences and advice. 
You need to check your local eviction laws, in FL if they are mo/mo I believe you have to give 30 days notice.
[addsig]
First, read their lease if you have a copy.
Look to see what notice must be given.... 30 days or 60 days. Good chance it is 30 days. I just read an article in the WashPost last eve. that said that a mo-mo lease signifies a 30 day notice by its very nature.
Do not call this an eviction...has a negative, uncooperative sound to it. This is just a notice to vacate.
Just write them a polite letter, make sure you get it to them or mail it returned receipt by 12/1/04. Give them 30-60 days to vacate.
I would add a line that tells them that you need the house to live in; treat them w/kindness and respect. They will call you to ask you to work w/them if they cannot find something so quickly in such a difficult time of the year. I think you should try to tell them immediately w/ a phone call so they can start looking and you should work w/them any way you can.
** I've done this in 93 per a divorce and our tenants moved quickly and kindly. No problems.
I've got trash living there.being nice will not work. There is a long , ugly story here. In short, there is no written lease,ther is no security deposit, I am paying ALL the utilities AND the amount of rent they are paying is exactly HALF of what the rent should be.( did I mention nobody in the house is employed ?) Oh,no..they aren't going anywhere. This is why I am actually going to move in. You can't ne nice to tenents whos every other word is F*#!K.This is what has been dumped in my lap and I want the fastest remedy. Which I believe is to move in and occupy as the new owner.
In my opinion, you don't have to move in in order to take possesion. This is your property and you can do whatever you want to do with it. What I would do is hire an attorney, if you don't want to do it yourself, and evict them immediately. The law is on your side, you should be able to get them out in 30-60 days max. In your case, I would be prepared for the worst inside condition. Some tenants will do lots of damage before leaving. Good Luck!
Don't give them a reason to sue you, go through the proper procedures to evict them.
[addsig]
Yep, whole different story!
1.If they are paying the rent on time, make sure that you give them 30 day notice of increase in rent to whatever your lease, and landlord-tenant laws, permit.
2. Additionally, send them the 30 day notice to vacate. 3. Seems you have to move fast as Wed is the first.
4. That way you can begin eviction if they don't pay the new increased rent on 1/1/05.
5. Don't blame them if things have been mismanaged.
**I do not own in NJ and I have never had to evict, so I am just brainstorming thoughts now**
www.OK.Thanks guys for all the input thus far,however; here are some more details for you. As I mentioned the proper rent for this 4 bedroom 1 & 1/2 bath house is between $1,400 to $1,600 per month (plus utilities) I DID already serve them with all the legal documents with the increase . You are correct on the 30 days notice. I however gave them about 50 days. 11/30/04 was to be their last day. Tenent told me that his lawer told him that the increase was unconscionable and he wasn't going anywhere. The most HE said he has to pay is a 5% rent increase ( He pays only $780.00 / month )FYI: The town that this property is located in has NO RENT CONTROL. I am NOT going to play around. It did not take me long to realize that I DO NOT want to be a landlord as long as there are people like this out there. In essence I am paying for HIM to live. That is why I pose this question. I am not going to jerk-around with this guy ( or any other tenant for that matter. I want to move in,stay 2 years to meet the capital gains quota...and then sell it.
I want this guy G O N E !
Thanks again for the help and input!!
:-D :-D
Did you give them written notice? I would involve a real estate attorney. It is not their fault that the rent they pay is lower than it should be, just telling you what a judge would tell you.
Yes, written notice ,certified mail.Who is at fault is no longer the issue. What they are paying or what they are not paying is no longer the issue.Plan B: I move in to the house that I own using it as my primary residence for two years to meet the IRS tax code requirement for $250,000 capital gains benefit $500,00 for married couples)
Eviction for rent is now a non-issue. Eviction for me,as owner,to move in to my own house.....that's the only issue. No desire whatsoever to be a landlord. I have enough headaches. This ,however; is one headache I have the power to eliminate.Was just looking to get an advanced education from the fine people on this site that are kind enough to share their knowledge and/or experiences prior to seeing an attorney on Monday.
P.S .It may not be the tenents fault that they are paying so littlebut it's not my fault either. It was the prior owner. I am here to simply rectify.
Quote:
On 2004-11-28 19:09, ray_higdon wrote:
Did you give them written notice? I would involve a real estate attorney. It is not their fault that the rent they pay is lower than it should be, just telling you what a judge would tell you.
A 30 day notice is just that 30 days to get out. It done matter if you raised it 3 times the amount you are with in your rights to have tennants move out. I my self would not have attemopted to raise and rents just moved right to getting them out. If the guy can afford a lawyer he could pay more for rent but thats another story. Just have a lawyer draw you up a vacate letter and be done with it.
I don't think anyone is blaming anyone here or saying it is someone faults. Who really cares, you just want the problem fixed.
Contact an attorney that specialized in eviction on Monday. Tell him you have tenants on a month to month and you want them out.
Inform the attorney that you have no contact or lease in place and that you don't expect them to move out willingly.
Tell him you will need him to do the eviction, but what steps do you need to take to get there. (ie, how much notice do you have to give 30 or 60 days, how does this notice need to be delivered, should you include a clause that shows an increase in rent if they refuse to vacate, etc.)
Also ask him when you need to contact him again to begin the eviction process.
I agree 100%. That is what I will be doing. I was just looking for any amount of additional info on my www.situation.Thanks to all.
Knowledge is Power.
Quote:
On 2004-11-28 19:53, kfspropertymanagement wrote:
A 30 day notice is just that 30 days to get out. It done matter if you raised it 3 times the amount you are with in your rights to have tennants move out. I my self would not have attemopted to raise and rents just moved right to getting them out. If the guy can afford a lawyer he could pay more for rent but thats another story. Just have a lawyer draw you up a vacate letter and be done with it.
I agree. If I knew now what I didn't know then...I would have done just as you said. No beating around the bush. Live and learn. Thanks!