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NancysKid

Registered: 06/01/09
Posts: 5
Reply with quote  #1 
Hell everone,

I am here for my Mother, she is a older woman, and not too computer savy.

A little back story...

She owns a 2 famly home in NJ. She does not live in the building. She has 2 tenants. The people on the 1st floor have been living there for 8 years with no problems. In fact, since my Mom is all by herself, most of the time anything needs to be done in the house he will do the work for her. He also take care of the lawn and such. He suggested the woman she is renting the 2nd floor to. I am assuming he knew her, and said she was a good person, so my Mom rented to her. She has been there for 3 years.

The house is in a very Polish town, and all of the people who live in the house are all immigrants. The woman on the 2nd floor has begun harrassing both the people on the first floor, and the next door neighbor. From what my Mom told me, the guy on the first floors green card has expired, and she is using this as blackmail. She has started going on their back porch and using their clothes line, yelling and screaming at them.

Now with the neighbor.. She had a party last week, and I guess they were getting a little rowdy, BUT this party was over at 7pm.. I guess it was a BBQ for the holiday. The neighbor asked them to quiet down, and my Mom was also told about this. She called to speak to the 2nd floor tenant about the party, and about the harrassment of the 1st floor tenants. Since then she has beenharrassing the old man next door, making faces at him when he comes outside, and yelling at him over the fence.

Now the neighbor is calling my Mom telling her he is going to see her in court, since she isn't doing anything about this woman. Now keep in mind she only found out about this 2 days ago LOL He wants her to evict the woman. My Mom is think she would like to also, because she doesn't want any problems. They are on a month to month, no lease. She is getting scared, and nervous and doesn't know what her rights as a landlord are. The only other thing this woman has done, is gotten a dog without permission. Can she evict her?? I am sorry this is so long winded, but I wanted you to get the feel of what was going on. If anyone can help it would be greatly appreciated!!

thanks,
Dee
MOON

Registered: 09/16/08
Posts: 577
Reply with quote  #2 

Hi, I am also in NJ, which is a very tenant friendly state. Your mom really needs to get lease agreements with rules that her tenants must follow. otherwise its he said she said.does this tenant pay rent on time ? You can send a 30 day notice to cease - (dog without permission)disturbing the neighbors. but how would a judge know she did not have permission to have a pet without anything in writing.You can send a 30 or 60 day notice to vacate the apartment since it is only a m2m but you must give an acceptable reason in the notice(nj requires a reason) question: has your mom been keeping up with her CO on this rental ?this has nothing to with your question.its a seperate possible issue.It sounds like the tenants who were friends are fighting & dragging your mom into their battle.They could call the police on her, perhaps that would keep her in line & get you out of the middle. you can send the notice to cease & see if she stops & gets rid of the dog. You could send a notice to raise her rent, that may help get rid of her.you can get a notice to cease form from the municipal court.

MOON

Registered: 09/16/08
Posts: 577
Reply with quote  #3 

The notice to cease must be sent before eviction & if you send a notice to vacate whatever th reasons are must be factual. e.g.:If you tell her you need the apartment for a family member - you can be challenged by the tenant if it is not true.

rkkeller

Registered: 04/07/08
Posts: 761
Reply with quote  #4 
I am also in NJ and your not going to be able to evict for a dog or really any reason you gave.  NJ is very hard to evict for any reason except for not paying rent.  You really sound like you should hire an attorney to get your lease and paperwork in order, also advise on eviction in NJ as its way different than other atates.

Tell your neighbor to handle his own problems and your mom is not the police or moderator.  If someone harasses him, then tell him to call the police and file charges..

Tell your downstairs tenant to handle his own problems and call the police if she trespasses on his property or harasses him.

You and your mom should stay out of it as its not your responsibility to play police or moderate neighbor disputes.  This is what the police is for.

FWIW, my best weapon against a tenant is the ability to "bluff" and "BS".
NancysKid

Registered: 06/01/09
Posts: 5
Reply with quote  #5 
Thank you for all of your replies! I told her she should have a lease.. but since she has never had a problem, Well, you know how that goes

We told the neighbor to call the police, and get them involved. If she is truly harrassing them, they need to take care of it. However, he is saying he is going to take my Mom to court... for what I have no idea.. and that is making her scared. I can't understand what he is thinking saying that.  I have never heard of a LL going to court for a tenants issues!

I am sorry I did not know what your question was about keeping up with her CO?? if you can tell me what that means.. I will let you know !

thanks again
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #6 
I agree with rk.  The neighbor and other tenant should be calling the police when the upstairs tenant is out of line.  Without police reports of disturbing the peace, your mom will not be able to evict.  Let them know this.  They need to know that your mom cannot evict without evidence since NJ is so tenant friendly.  I think if there were enough police reports, that may fall under one of the accepted reasons for eviction.  Check NJ Statutes 2A-18-53(c) and 2A-18-61(e)(1) for more information on evicting over lease (or agreement) violations.  Your mom needs to have these types of things written into her agreement and specifically listed as reasons for eviction.  She should be able to send a notice of rules change since the tenant is a m2m.  Also, since this person is on a month to month, I suggest raising the rent like rk said.  If she has to pay higher rent, she may voluntarily move, bypassing all the requirements for eviction.  See also http://www.njlawnet.com/njlawreview/eviction.html for information on evictions.
MOON

Registered: 09/16/08
Posts: 577
Reply with quote  #7 

The " CO " is a certificate of occupancy. This is an inspection from the housing & zoning , in my area  we need to this once a year. not all areas require a yearly inspection. but it is something you would want in place should you ever find yourself having to go to court for any reason  regarding a rental.somthing a nasty tenant can also use against your mom. ( had it done to me ) also found that police reports were not admissable in nj court,you would have to have a policeman come to court to testify, also happenned to me. nonpayment of rent is the main reason for eviction here. My mom had a problem tenant & as she got older she did not deal well with it all. My brother & I had to get involved, so that the tenant knew he would not be able to bully her around.make your presence known, I think that will also help.You may have to take over for her as this was very stressful to my mom & that concerned us.The guy downstairs may not want to call police because of the green card issue.which is not really your problem.Or is it OH? does she need a record of green card status? 

MOON

Registered: 09/16/08
Posts: 577
Reply with quote  #8 

NANCYSKID : May i suggest you find a local REIA ( real estate investment association) membership fees are very affordable & you will meet lots of experienced LL'S who are more than happy to share their knowledge with you. They can help you with forms,laws. they have attorneys to recommend.You will find it very helpful, in addition to this site.  

OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #9 
A green card means he had permission to be in the country.  Having it expired means he needs to go and renew it (often possible).  If he cannot renew it, he would be subject to deportation and would be considered here illegally.  In some areas of the country, a LL can be fined for renting to illegal aliens.  Doubtful if this is the case in tenant friendly NJ though.  Regardless, he had a green card when she rented to him.  He was legal then.  She could always say that she didn't know it had expired.  I'd stay out of the discussion of it if I were the mom.
NancysKid

Registered: 06/01/09
Posts: 5
Reply with quote  #10 
You all have been a huge help!! I thank you. I guess where she is right now is here... She is going to keep the tenant, since she pays the rent, and keeps the place nice. She is also staying out of the greencard discussion as well. I guess the only problem she has left is the guy next door, and she is documenting all the calls she is getting from him. I guess he doesn't think that what he is doing is harrassment as well I have sent her the link to this site, you all are a wealth of knowlendge, and I think it would be good for her to at least read some of these disscussions.

I am going to look into the CO thing for her, I don't think she ever even thought about that. I am sure I will be hanging around here to learn some more for my self and her as well!


MOON

Registered: 09/16/08
Posts: 577
Reply with quote  #11 

I would still look into getting some kind of agreement in writing with these tenants, and due to the recent activity & complaints received is a perfect reason to find this necessary to do. You may want to tell both tenants to expect lease agreements that will outline rules for them all to follow & make sure you follow up on getting them to sign agreement.may make the kids settle down & play nice.   

NancysKid

Registered: 06/01/09
Posts: 5
Reply with quote  #12 
Moon,

Yes I am talking to her about trying to get some kind of lease or at the least some kind of rules that must be followed. I agree with you 100%
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #13 
Since these are m2m tenants, you only have to provide notice that rules will change and send them a list of the rules.  I would include rules about late fees (charge one!), what simple maintenance they must do (change filters, detector batteries, light bulbs. etc.), the number of tenants allowed and any fees for extra occupants, disturbing the peace (stating that violations of this will result in eviction), utility payments (if needed), parking, trash, monies owed (oldest debts are paid first), use of common areas,  etc.  These are the basics.
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