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lordofthering

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Posts: 12
Reply with quote  #1 

Hi,

I like to evict my tenant since when I bought this house, he came with very low rent rate but market rent is $500/month more than what he is paying. I did allow him to stay for last two year but now i want to get rid of him. I discussed raising rent with with by $200/month but he refused it. I have not written any lease with him because I did not want to bind in lease since my plan to get rid of him or ask for more rent.

What are my options ? Can I send him legal notice to evict house with 30 days notice ? my property is on LLC and in NJ state.

dishrodger

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Posts: 314
Reply with quote  #2 
depending on state................................
give them a 60 notice of rent increase. This gives them time to decide to pay it or move.
Don't back down, its up to you not them.
If they do not pay the increase, give them a 5 day pay or quit. if after that, they do not pay, file for eviction
LLinVA

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Posts: 334
Reply with quote  #3 
Of course he refused. "Will you please give me more money?" Who would say yes to that? The reality is that if he is forced to do so or leave, he may all of a sudden be okay paying more. Is he a good tenant otherwise? If he was paying $200 more, would you be happy to have him, or would you still prefer to go with someone else at $500 more (knowing you risk them not being nearly as good a tenant)?

You will have to check NJ laws. In VA, if there is no lease stating otherwise, the default is month-to-month, so we would only have to give a 30-day notice. You still might be nice and give him a 60-day, but that's up to you. 

On a side note, you should ALWAYS have a lease in place. Even if it is just a month-to-month lease, it offers protection and a clear agreement that neither of you nor a court can misunderstand. Get a lawyer to prepare a lease for you and use it EVERY TIME. Ours is the same every time and we fill in start and end dates, automatic renewal rate (+5% per year), etc. All of our residential leases are month-to-month.
lordofthering

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Posts: 12
Reply with quote  #4 
Yes, he is good Tenant so far granted he knows he is paying very less money otherwise he could be pain only for paying more money. Overall for everything else, he is good tenant. Remember I like good people but at the same time I have to make sure my bills are paid off and I am not under paid. Reason I did not do lease with him because when I bought this property he was paying $800 less than market rate, I increased $300 two years ago while i bought this property and he was OK to pay since he knew he is paying far less. Previous owner got this property from his dad paid of so he did not care.
I did not created lease from him so I am not bind with paperwork since I knew I will have to raise rent soon. This is the time, I raise his rent or he goes out. 

I agree on your suggestion, I should have lease but I did not want to have agreement with lower rent rate.

I guess, my next step is to send him Notice to empty apartment. Anyone can point me to language I should use to write such letter ? I am in process of finding lawyer but in mean time I want to start sending letter. Lawyer in NJ are too expensive.


LLinVA

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Posts: 334
Reply with quote  #5 
My point is that you can have a lease AND be able to increase rent. By being able to end the lease with a 30-day notice (or longer if required by law), you can then offer them a new lease at whatever rent you want. They can accept it or move out. Or, you can have them leave at any time without offering a new lease. You aren't locked in if the lease is month-to-month.

Not having a lawyer gets way more expensive when you don't word something just right, accidentally do something without even realizing you did it wrong, or missed a step. Having to start the whole process over would be the best case scenario if you did make a mistake, and even that would cost you more in lost rent than a lawyer would cost you. 

Your next step is research to see how much notice you have to give him and the exact timeline you have to follow. Then you can research any required wording. 
WilliamBlakes

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Posts: 2
Reply with quote  #6 
What is the situation now? My landlord friend also faced the same issue, but, before taking any step he decided to hire a lawyer. Initially, it was bit difficult for him, but he searched many different best sites and other social sites to find an experienced and reputed lawyer. Lawyer helped him to evict the old tenant and he also now has found a new tenant paying him a good home rent.
lordofthering

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Posts: 12
Reply with quote  #7 
In my case, I filed Eviction with help of lawyer. We received court date. Before court date, tenant agreed to pay me extra what I was asking for since he did not want to go to court. In my case, tenant did not want to pay me more because he was in contract with buying new House and he thought he will able to close it and does not have to pay me. But His buying new house deal fall through due to non enough credit. Lots of such deal falls through due to not enough credit based on what I have seen. It costed me $250 for lawyer fees since I did not have to court, I saved extra $250.
JohnD

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Posts: 5
Reply with quote  #8 
Give him notice that you are ending his tenancy.  A landlord can do that.  Give him plenty of notice.  If he stops paying rent you can start eviction.  The hope is always that they leave peacefully.  I had tenants I wanted to get rid of for a bunch of reasons, woman was buying drugs on the street corner, too much noise, constant fighting, rent was way late.  To evict them would have cost me about a thousand bucks.  Got them to leave on their own and they only skipped out on a months rent so it was cheaper that way lol.
AccidentalRental

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Posts: 86
Reply with quote  #9 
I'm curious lordofthering - how did you file an eviction?  NJ doesn't allow you to evict someone just because you don't want them there anymore.  It's not considered "good cause."  What cause did your lawyer use exactly?
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lordofthering

Registered:
Posts: 12
Reply with quote  #10 
You are correct it almost impossible to evict in NJ who pays you rent. In my case before court date, tenant agree to pay extra what i was asking for. My logic is to send couple of notice and file eviction. Most of the tenant do not want to go to court or they will not show up at court. If they do it is likely you will loose but you can ask them to abide with rules what they are breaking on other case such as not keeping clean, anything they are doing which is breaking lease. I almost had 100% success rate so far either evicting this way or getting what i needed out of it. Remember you own house and no one wants to live in your house at bad terms even they win unless you have tenant who is really does not care.
 
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