Want to move back in... - Landlord Forum thread 236251

Want to move back in... by Jersey Girl (NJ) on October 1, 2011 @13:53

Own a home in New Jersey, I live in Virginia. Signed a 2 year lease with 2 tenants. The lease will be up in May 2012. I would like to move back into the New Jersey home in June 2012. Do I send a letter stating I am not renewing the lease? I have heard that New Jersey has an Anti-Eviction Law and it is difficult to remove the tenants due to this Law. I know that if I dont renew the lease it rolls over to month to month. But I want to go back. The one tenant is difficult and calls the sue card on anything you ask.

What do I need to do to take over the property again. This is a single family home.

Thanks,

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Re: Want to move back in... by Katiekate (New York) on October 1, 2011 @14:43	[ Reply ]

Be very sure to send letters to the tenants. Be very sure to send it certified. Also send it regular mail. If the certified letter is sent back to you without the signature..keep it..do not open it. It is proof you sent it if you need that for later. In your letter tell the tenants that you will not be renewing the lease. That you are notifying them now that their move out date is May 31, 2012. While the law only requires 60 days notice, you think that by letting them know now they will be in a excellent position to find new place with all this extra time to look. DO NOT give them a reason. If they learn it is just so you can move in they might not take the date seriously. Then.. on April 20th (or so) send another letter.. remind them of all the things to be sure to take care of on or before their move out date of May 31, 2012. Like not leaving anything behind, etc . The real purpose of the second letter is to re-enforce that they ARE moving. Tell them you have new tenants moving in June 1, 2012 and they should clean the unit well. Again..just so they take you seriously. If they say they aren't moving... tell them not only will you have to file to evict..but they will have to pay for the temporary housing of the new tenants. Just to re-enforce the idea that they really have to go. If they are still there the morning of the 1st of June..tell them you are on your way to court to file the eviction proceeding....then do it.

Re: Want to move back in...

Re: Want to move back in... by Anna Mouse on October 1, 2011 @15:54	[ Reply ]

I want to preface this post with I don't know what I am talking about so listen to the others who comment on the information I have given. Also, listen Katie, she knows much. I also found the following info that I am cutting and pasting from, New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service A “Notice to Quit” is a notice given by the landlord ending the tenancy and telling the tenant to leave the premises. However, a Judgment for Possession must be entered by the Court before the tenant is required to move. .....The landlord must be able to prove in court that he has grounds for an eviction. This bulletin outlines the good cause grounds for an eviction of a tenant from residential rental properties in New Jersey, pursuant to the Anti-Eviction Act, as set forth in N.J.S.A. 2A:18-61.1. The Anti-Eviction Act was created to protect blameless tenants from eviction and was adopted in recognition of the housing shortage in the State. EXCEPTIONS This law may not apply to two or three unit owner-occupied premises with two (2) or fewer rental units. (That does not work as you are not owner occupied unless it works because you own 2 or fewer rentals.) However, here is maybe your path: If a tenant fails to pay rent after being given notice of a rent increase and a Notice to Quit, the landlord may file a suit for eviction. The rent increase must not be unconscionable and must comply with all other laws or municipal ordinances, including rent control. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction. Note: If the tenant believes the rent increase is unconscionable, he may withhold a portion of the rent. He may withhold the difference between the old rent rate and the new increased rate. However, the landlord may file a suit for eviction and the court would determine if the rent increase is unconscionable. So what you might do is get some comps for your home maybe? Increase the rent to the maximum comperable amount plus a bit for good measure. That is fair and square, afterall you should be getting top dollar for your rental, it is your duty as a landlord to yourself and the community.

Re: Want to move back in...

Re: Want to move back in... by NJ-LL (NJ) on October 1, 2011 @15:59

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You heard about the law but do you know what they are? In your case, this is one of the 18.

L. The owner wants to live in the apartment or house Notices required: Notice to quit—must be served on the tenant at least two months before filing the eviction suit. If there is a written lease, the eviction suit cannot be filed until after the lease expires. The buyer or owner must intend to live in the house or apartment and not convert it to commercial use. Cite: Aquino Colonial Funeral Home v. Pittari, 245 N.J. Super. 585 (App. Div. 1991).

Re: Want to move back in...

Re: Want to move back in... by Jake on October 1, 2011 @16:17	[ Reply ]

You should give at least a 90 day notice or even more if these are valued tenants who have taken care of your home and paid on time. The move should be as painless as possible for them. Again, if they are valued tenants, you will have to say more in your notice other than "be out by the end of the lease, I am not renewing." It would not hurt to explain that you will be reoccupying the property. However, if they have not been good payers and have caused trouble during the lease, it will be enough to notify them the the lease will not be renewed. But think about what you will say if they ask why. It needs to be a response that will result in a smooth move out of a clean, undamaged home.

Re: Want to move back in...