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Cece1975

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Posts: 7
Reply with quote  #1 

Now that I've read the "Truth in Renting" NJ Pamphlet, I just have more questions. We have a tenant who has been habitually late on payments, but she does pay eventually (so far).

Her lease is ending in Nov. About 30 days in advance, we told her we are not offering her a lease renewal, on the basis that she's been habitually late. She was very angered and upset by this, but we said that it's our perogative as landlords to not do a renewal. Now, I'm wondering if we did the right thing, because yes, we do want her out, but from the pamphlet, it sounds like we have to take it up in court even though her lease is ending soon, and find the same just cause as for an eviction. Do we really have to go through all this for a lease that's ending soon already (prepare for court to prove habitual lateness)? Are we supposed to give her more than 30 days notice? Before we even read that, we did relent and allow her to extend her lease for 30 more days, so I guess she has 60 days to find a new place now. We are trying to do the right thing, but this lady really is a pain and we want her out eventually. 

RedFord150

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Posts: 126
Reply with quote  #2 
California would require you to give a 30 day or 60 day notice. Depends on how long she been a tenant. Less than a year requires 30 days, more than a year requires 60 days. You do not need a reason for this type of notice. You are required to properly deliver the notice. It can be by mail or personal service or posted on the front door.

I am not familiar with NJ. If you were in CA, I would tell you to serve a 60 day notice right now. You only need a court hearing in CA if tenant stays past the expiration of the properly served notice.

Good luck.
Cece1975

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Posts: 7
Reply with quote  #3 
Thank you.  Honestly, after I sent her her notice that we weren't renewing, she followed up with several extremely rude, nasty emails.  I would love to be able to get her out when her lease is over in mid Nov, but I want to be certain we give her ample notice, so we extended her lease by a month.  NJ is a "just cause" state, so it doesn't seem easy.  

Anyone have any suggestions?  I put in her amendment (for 30 day extension) that we are not renewing because we gave her notice that she was habitually late in rent (that is "just cause" by NJ statutes).  I would really like to get this lady out sooner, as she seems very nasty and possibly vindictive.  

Here's my question... it's possible she is even lying about paying last month's rent.  I'm not sending her the 1 month extension paperwork until I get that, then she can pay for her extension month.  Let's say she doesn't even pay this last month (before her extension) AND her lease runs out.  Can I then just say we're not giving you the extension and call the Special Unit Officer to get him to get her out when the lease is up?  Or do I have to go to full-out eviction court?   I know NJ has special strict landlord laws and don't want to violate them.
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