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dee107

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Posts: 3
Reply with quote  #1 
NEW JERSEY New landlords and very frustrated. Tenant moved in and signed a 1 year lease on 06/15/2018. We work 8-11 hours a day and he does not work, is on unemployment. He caused so much damage to the apartment. Tore down the entire living room ceiling and all the insulation to the attic, ripped out bathroom sink and tore down all the tiles in the bathtub. Notice to quit was sent, eviction files, police report filed and criminal complaint filed. Criminal case is due before the court 09/14, eviction court not until 10/9! He was walking around with two butcher knives recently after claiming there were voices in the attic. called police, sent him to a hospital, was released that day. We are literally in fear for our lives. I cannot even have my 7 month old grandson here because I am scared. Police say cannot file a restraining order and eviction court refuses to help by moving up date. We have dated before and after photos as well as copies of all police reports. An attorney is about 2500 but we have to pay the entire mortgage now with no help from rent since rent cannot be collected during eviction process. Is there anything at all we can do to make this nightmare end quickly? We cannot even get an insurance adjuster up there until he is gone. Any advice will be appreciated.
LLinVA

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Posts: 394
Reply with quote  #2 
"since rent cannot be collected during eviction process" Is this a law?

"We cannot even get an insurance adjuster up there until he is gone." Why not?

Are you in the same apartment? Is this guy renting one room of your apartment (are you sub-letting to him?)?

I don't think there is much you can do. There minimum times required between notices and court dates. 

"Police say cannot file a restraining order" Why not? 

Have you looked into other attorneys? None cost less than $2,500? You definitely need an attorney's help with this. 

Now may not be the time, but once all this is done, you also need to go back and see why you rented to this guy. Did you not do your due diligence with a proper application, background check, credit check, etc.? Was he already on unemployment? Did you rush into the first person who was willing to rent from you? Is the rent too high and the only person willing to sign a lease didn't intend to actually pay? Is the rent too low and that's what attracted this guy? 
dee107

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Posts: 3
Reply with quote  #3 
According to the civil court we are not to collect rent because that is us saying he can stay and we would have to start eveiction all over again

The adjuster asked us to call him when the apartment is empty

The aprtment is 2nd floor of the house

Ploice in town say  restraining order only if it is a dating or marriage issue

The guy had rented the apartment previously, came with glowing recommendations from previous landlords, and we lived downstairs from him before he moved out. We bought the house after he moved out to attend school. He was never late with rent, very quiet, and the neighbors loved him.

3 years later and something changed. He had a job when we rented and the lease was signed, wed idnt find out until after he moved in about the loss of work. Rent is average.  
LLinVA

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Posts: 394
Reply with quote  #4 
"Ploice in town say  restraining order only if it is a dating or marriage issue" I find this really hard to believe. I don't think there has to be a romantic relationship otherwise random stalkers wouldn't qualify for a restraining order. I would ask to speak to a supervisor, get some more evidence (document everything he does that a normal tenant wouldn't do), call them every time the guy is acting irrational, etc. If he's just talking to himself upstairs, then ignore it. If he's walking around with knives hearing voices, you need to call the police. 

You need an attorney. No one here is going to be able to provide the level of help you need. This is an unusual situation and all the options that should have helped you seem to be unproductive. Call three attorneys today and see what their rates are and go meet with them. See which one seems like the best fit and move forward.
Maxmillian

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Posts: 38
Reply with quote  #5 
An attorney is not necessary . File an eviction for cause  .Take your evidence and explain everything to the judge . you will get your eviction .Around here (Salem Oregon ) you would be in court in about 7-10 days He probably wont even show up . 
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dee107

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Posts: 3
Reply with quote  #6 
Thank you for all the replies. I am in NJ which is a very tenant friendly state with the laws. I did get an attorney for $500. The court  is set for Oct 9th, we cannot get an earlier date because the courts are backed up. I am hoping it's an open shut. Attorney is very optimistic once he looked at the pictures he almost fell off his chair! He said he will never day 100% but the damage is so bad he was shocked.

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