Jalyn, Home Seller in Hillside, NJ

I refinanced my house about a year ago, last october lets say, before that, I had to move due to ill to a

Asked by Jalyn, Hillside, NJ Fri Aug 22, 2008

diferrent barametric pressure. I rented the house out. The renters have failed to keep certain arrangemnets on the lease, such as paying DD and paying rent on time. Now my house in in jeapardy of foclosure, or so I think. I want the renters out. I have asked them to leave but they will not respond to phone calls and have changed their numnbers. I am half way across the country. The have 3 kids and a dog, which they announced later, in the house. Do I have any rights to remove them. I will renew their lease next march. Since this is my second finance, I have owned it for over 3 years, do I have to live in it as a primary residence for the first year? I am one month behind on my loan and with rent coming in late every month, this doesn't help. When you go to the mortgage co, (Country Wide) they say they want to and will help, but only try to get your house for themselves instead. They are more of a problem than a help. How do I get the renters out, lease was not signed by me & is lost.

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The eviction process, in NJ, is actually quite easy, if they're not paying their rents. Here's what I suggest..

1) Send them an updated lease if one is not in effect. I would imagine you did a one-year lease. If they don't sign the updated lease, they are in hold over. You must give them at least 30 days to sign the new release. NJ allows for a penalty of double the rent, if a tenant holds over.

2) Send them a Pay Rent or Quit notice. This has to be done 30 days prior to the court date. It should state how much rent is due. Send it certified mail.

3) Go on line and find the NJ forms for eviction for the county of where they live. I think they're under Special Civil or Landlord/Tenant. Fill out the form and send it to the courts ASAP. You'll need to send along a copy of the Pay Rent or Quit notice. They'll be served by the courst. You'll need to make sure the court date is 30 days later than the Pay Rent or Quit notice.

4) You will either have to go to court...or you'll need an attorney to go on your behalf. NJ is a "mediation" state, so they'll ask you/your attorney to go to mediation. Basically, if they have the rent money they can stay and must pay you or make arrangements to pay some. You can opt to make them pay it all "today" or go before the judge and have them evicted. They get about a week to clear out on their own or you then have to contact the sherrif's department of the county to meet you or your representative and have them "locked out".

If they are not paying rent, this is pretty easy. If they are just late, and have been paying rent and late fees, then it will not be so easy as you are still getting rent. Make sure your lease states a good late fee like $50 - $100 and make sure you're getting a good security deposit (NJ allows 1 & 1/2 times the rent), in the event the default on the lease.

Good luck.
0 votes Thank Flag Link Thu Nov 19, 2009
I would suggest calling a local property management company. In Florida, the eviction process favors the landlord. Basically what you need to do is have someone go to the city and get a "notice of eviction". This needs to be posted on the front door and take a picture of it with a camera that has a time/date stamp. Once three days has expired, then you can petition the court and pay the sheriff to serve them formal eviction papers that will require them to be out of the house in 30 days.
Since you are not in the area, I would use yellowpages.com or simply google property managers in that area and they would be able to handle this for you.
Hope this helps!
0 votes Thank Flag Link Fri Aug 22, 2008
I mean I will NOT renew their lease next March. And there is no proof of a lease at this point, I did not sign it and it has now been lost. So, they are on a month to month. They have no copy. What do I do precisely to remove them from my property. They are also in default of keeping up the property as the ground have grwon out of control. (In addition to above since I could not edit after posted )
0 votes Thank Flag Link Fri Aug 22, 2008
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