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Evicting a Protected Tenant
by Jennifer (New Jerse)
on May 15, 2012 @13:08
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Hello, I am wanting to purchase a NJ property that is currently occupied by a "protected" tennant. I understand that I can evict them for purposes of occupying the condo. (owner occupation) What I can't find out is how long will I be bound by that decision. When, if I decide to, can I rent my condo out again? Thanks
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Re: Evicting a Protected Tenant
by DMNJ (nj)
on May 15, 2012 @13:35
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When you negotiate to purchase the property, have it as part of your terms of the sale. However, if the tenant is under a lease, the tenant cannot be evicted or forced to move if they have not violated the lease in some way. You will have to wait until the lease expires. You or the current seller may approach the tenant to see if they are willing to be "bought" out of the lease but once again, it is the choice of the tenant.
(3) AN OWNER OF A BUILDING WITH THREE (3) OR FEWER UNITS WISHES TO PERSONALLY OCCUPY A UNIT OR HAS CONTRACTED TO SELL THE BUILDING TO A PERSON WHO WISHES TO PERSONALLY OCCUPY IT and the contract calls for the unit to be vacant at closing. An eviction action may be fi led two (2) months after a written Notice to Quit. When a lease is in effect, no eviction action may be taken until it expires.
If there isn't a lease in effect, then hen a tenant vacates a dwelling unit after having been given notice that the landlord wishes to personally occupy the unit the landlord must occupy the unit for at least six (6) months. If instead the landlord permits personal occupancy of the unit by another tenant or registration of conversion of the property to a condominium or cooperative, the landlord is liable to the former tenant for three (3) times the damages suffered plus attorney fees and costs.
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Re: Evicting a Protected Tenant
by Micah
on May 15, 2012 @13:59
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What exactly do you mean by a protected tenant? Whenever you look to buy a place you should make it a condition of the sale that it be vacant at the time of purchase. That puts the onus on the seller.
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