Landlord Question and Answer Forum

My tenant in a two family in Bergen County has a month to month Lease which he has not renewed since March 2010. He was Presented with a renewal, month to month on Jan. 3 , 2012, which he has not returned nor signed. The rent increase was for $ 50. per month. I have taken him to court three times and won all three judgments. He pays the money owed by 4:30 p.m. and gets to stay in the apartment. He just sent me April's rent with a check for $798, with no explanation. When the rent is $ 1,510 plus a $113. Water bill which is in the lease. How should I proceed. Should I file for just eviction and not file for the rent owed? Can I do both? The second problem with this "nightmare" tenant is that I have had the house up for sale since Dec. 1, 2011. He has not permitted To enter his apartment to show the house. So far, I have an order from the Judge for him to cease noncompliance, but he still has not Let the realtor in to show the first floor. Trial date is April 11. What can I do and what can I expect? The judge ruled that he was to get 24 hrs. Notice. He has on two occasions been told of appointments, he never confirmed them and my agent went to the house with the Prospective clients and had to go home. I am getting no help from the system.

Jeff, how frustrating. Here is an article highlighting the steps for eviction. Before understanding the legal process for evicting a tenant, it's important that landlords understand that there is no other legal way to remove a tenant. https://www.ezlandlordforms.com/articles/eviction_process___a_step_by_step_guide_to_eviction_in_all_states/

Posted by Jessica B, MD on Friday, April 6, 2012

Thanks your help is appreciated.

Posted by Jeff A, NJ on Friday, April 6, 2012

Hi Jeff, I can totally understand your frustration! I'm not a professional by any means but I do own 9 rental properties and have some knowledge. I agree with Jessica, you need to print out a tenant and landlord act for your specific state and read through it. Consider it your BIBLE! You need to know your rights as a landlord. I will tell you that the as long as it is in your lease written up legally, your tenant does have to comply with showing your property. If they don't comply then they are in breech of contract and you might have rights for eviction immediately. Also, don't accept partial payment ever. Accepting partial is legally allowing them to stay another month without paying you. Sadly that is the way it works.Good luck and let us know what happens.

Posted by rachael b, AZ on Monday, April 9, 2012

Thanks your comments are helpful.

Posted by Jeff A, NJ on Monday, April 9, 2012

Thanks

Posted by Jeff A, NJ on Monday, April 16, 2012