Re: rental increase - Landlord Forum thread

Re: rental increase by Jake on January 22, 2012 @16:42

It seems that taking a partial payment drags out the eviction. Do this. Immediately post a Pay or Quit. Then send a written notice by receipted certified mail notifying the tenant that the full rent of X amount of dollars has not been paid. That is all you need to say. If the certified mail is returned, keep it but do not open it. You will need a Judge to open it in court. If the rent is not immediately paid after you post the Pay or Quit, go to the court house and ask for the eviction forms. Check on how soon you can file for an eviction after a Pay or Quit notice. The time will vary from state to state. Often it is 3 days. After you have posted the P/Q notice and filed for an eviction, do not accept any further payments. It will gum up the eviction process. Especially do not take a partial payment. Remember, the property belongs to you. Do not allow the tenant to tell you what the rent will be.

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Re: rental increase by NJ-LL (NJ) on January 22, 2012 @18:50	[ Reply ]

You are giving wrong advise to the OP. It is clearly stipulated on the NJ LT Law Statutes what he needs to do when the tenant does not pay the rent increase. (1) One month’s notice to quit is required if the landlord wants to evict you for breaking the lease rules or for refusing to accept a change in the lease. (2) Notice of the rent increase. Clause 1 is giving your tenant time to address the lease violation. If you analyze the time frame of this notice, you won't be able to start eviction until this 1 month notice is over. That means the second rental month would have started already in all probability. When you receive rent payment on the second month without the raise, don't accept the payment and start eviction. The eviction hearing does not start until 2-3 weeks thereafter. Clearly by not accepting the second month payment, you are already showing the court your intentions. For the record, I accepted payment and I have sent these notices but I have never had gone through the actual eviction process since my tenant cured the violation. As stated already, it is best to get legal advise.

Re: rental increase by Jake on January 22, 2012 @19:23	[ Reply ]

You need to go back and read my post before you call it wrong information. What I gave the OP was a general course of action. If you would read, I told him to check his state law and to ask for advice when he picked up the eviction forms. But what do I know? I did not graduate at the top of my home school like you did.

Re: rental increase by Jake on January 22, 2012 @19:16	[ Reply ]

You need to go back and read my post before you call it wrong information. What I gave the OP was a general course of action. If you would read, I told him to check his state law and to ask for advice when he picked up the eviction forms. But what do I know? I did not graduate at the top of my home school like you did.

Re: rental increase by NJ-LL (NJ) on January 22, 2012 @19:24	[ Reply ]

I read it alright. Funny excuse....but what do I know? I'm not a comedian.

Re: rental increase by Jake on January 22, 2012 @23:11	[ Reply ]

I thought a comedian was your home school major.