Tenants Are Dodging Us
We recently (December) purchased a farm with a fairly run down rental home on it (along with the residence) in New Jersey. The previous owner had a lease signed about 8 years ago by the tenants, they have never signed another lease and I would assume they are simply month to month. (That is what the seller told us) Please remember, this property wasn't purchased because we wanted it for the rental. However, the tenants are really very low life, slobs. They live in vile conditions, which we did see when we toured the premises. (These conditions are of their own making). They did not pay their rent nor their utilities for the entire winter. We gave them 60 days notice of eviction, (we want to put a caretaker for our farm in the house). THEY are dodging us. Everytime we try to see them they aren't home or don't answer the door. We haven't moved in full time yet, so this is a little inconvenient. O.K. I know this is lengthy, but I really need help. Is the last step here to contact an attorney?
Please, help.
Diana :-?
A suggestion I saw someone else make was to incent them to move by giving them an offer to get out. Determine what your total costs are to keep paying the monthly mortgage with no rent income, court costs, attorney's fees etc. Offer them 1.5 times their monthly rent if they move out *today*. That will cost far less and you have access to the property much faster to rehab and start showing it. If they are truly low life (paycheck to paycheck?) slobs, they will pounce on the money and be glad to get out of your prop. If they don't take the offer, the wife will yell at the husband for a long time because she wants a new TV and all they had to do was move. To make it even sweeter for them, give it to them in cash
To get them to answer the door, maybe you can send them flowers with your offer and phone number on the card. =)
i'll add to info sponge's idea -- Include the moving van. Don't give the money until it is loaded and they are driving away.
Do not assume anything! Talk to an attorney about how to evict the unwanted renters.
I have paid tenants to leave. Be very nice, but tell them firmly, that you need for them to leave because you have a sick relative ready to move down and you need to get the place ready. You have already been to see a lawyer and because you gave them 60 they need to leave. You do not want to evict them, but you will if they do not leave. You feel for them and realize that moving is expensive. If it would help, you would give them ______ to sign a termination of lease and possession letter and to move. You will give them the money when they have the van loaded.
Brenda
MichaelChandler is right.
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Moderator note: Edited to delete suggested illegal activity.[ Edited by DaveT on Date 04/15/2004 ]
Well, I want to thank everybody very much for all your input. I am going to try to do some legal research on evicting tenants in NJ (I have my real estate broker checking with her contact attorney), but, I am going to mull over the idea of offering to pay them to move out. I do think this is an alternative to the legal time delays that are usually incurred. I just want to make sure that if they move, they can't come back.
Thanks a million!!
Diana
Just a reminder:
Don't physically throw them out. It will get you sued. Assuming you gave them the notice and all, you've got a good case.
Problem is NJ is one of the least landlord friendly states there is.
Eviction can take quite a bit of time and all the while you're losing money. It would seem paying them off to get out is the best option.
Don't forget to get them to sign the termination of lease BEFORE you give them the money. That way, you can prove that they volunntarily left the property.
Good Luck.
I have a friend with many rentals -
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Moderator note: Edited to delete suggestion which likely violates local landlord tenant laws.[ Edited by DaveT on Date 04/21/2004 ]
Why would they have to sign termination of lease if there is no lease? They have no way to prove they ever had a right to be there in the first place if they can't produce a current lease or paid rent receipts...
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Moderator Note: There is an eight year old lease. At the end of the former lease, the tenants became holdover tenants on a month-to-month lease. As long as the landlord accepted rent on these terms, the renters are tenants at will. These tenants have the same rights under the local landlord tenant laws as any other tenant under a written lease. Eviction procedures (to include proper notification and timeline) are controlled by the local statutes.[ Edited by DaveT on Date 05/06/2004 ]
If the place is really that vile, maybe you could get the local fire marshall to condemn it and remove them immediately for safety reasons. If they have no lease showing that you are responsible to give them a place to live, then you should be done with them.
You need a specialist law firm which offers evictions for a flat fee. If you haven't done an eviction before, observe and learn. Also, why not get the Unlawful Detainer pack at your court and show up for the next evictions?
ACT NOW! Any delay will cost you $$.