eviction advice? (by Dave [NJ]) Jan 22, 2023 9:21 AM|
eviction advice? (by Frank [NJ]) Jan 22, 2023 9:28 AM
eviction advice? (by Dave [NJ]) Jan 22, 2023 9:35 AM
eviction advice? (by Frsnk [NJ]) Jan 22, 2023 9:45 AM
eviction advice? (by Dave [NJ]) Jan 22, 2023 9:47 AM
eviction advice? (by MC [PA]) Jan 22, 2023 9:51 AM
eviction advice? (by Frsnk [NJ]) Jan 22, 2023 9:53 AM
eviction advice? (by Ken [NY]) Jan 22, 2023 9:57 AM
eviction advice? (by Busy [WI]) Jan 22, 2023 10:17 AM
eviction advice? (by Busy [WI]) Jan 22, 2023 10:19 AM
eviction advice? (by Dave [NJ]) Jan 22, 2023 10:21 AM
eviction advice? (by Jim in O C [CA]) Jan 22, 2023 10:30 AM
eviction advice? (by MC [PA]) Jan 22, 2023 11:44 AM
eviction advice? (by Doogie [KS]) Jan 22, 2023 12:22 PM
eviction advice? (by Robert J [CA]) Jan 22, 2023 12:55 PM
eviction advice? (by myob [GA]) Jan 22, 2023 2:15 PM
eviction advice? (by plenty [MO]) Jan 22, 2023 2:30 PM
eviction advice? (by MC [PA]) Jan 22, 2023 2:32 PM
eviction advice? (by Ed [CA]) Jan 22, 2023 2:55 PM
eviction advice? (by Don [PA]) Jan 22, 2023 3:01 PM
eviction advice? (by BP [AL]) Jan 22, 2023 3:28 PM
eviction advice? (by Ray-N-Pa [PA]) Jan 22, 2023 8:08 PM
eviction advice? (by Vee [OH]) Jan 23, 2023 7:43 AM
eviction advice? (by Tony [NJ]) Jan 23, 2023 8:36 AM
eviction advice? (by mike [CA]) Jan 25, 2023 2:59 PM
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eviction advice? (by Dave [NJ]) Posted on: Jan 22, 2023 9:21 AM
Rent is due on the 1st,
On the 5th I call the tenant and he says he'll call me back but doesn't. I text him asking him to send the rent payment but he doesn't reply.
On the 6th, I tell him since he hasn't called me back, responded to my text message and hasn't sent the rent payment that I will have to call my attorney to start the eviction process if they don't send the rent payment. Tenant says to go ahead and start the eviction process.
Tenant has been with me 1.5 years and they have always paid within the 5-day grace period. How would you handle this? I'd rather settle this peacefully and I don't mind if the tenant stays but I also don't want to be taken advantage of. --173.63.xx.xxx
eviction advice? (by Frank [NJ]) Posted on: Jan 22, 2023 9:28 AM
Look at the bright side...you are nearing peak rental season. What makes you think this tenant will improve?
Get an attorney to do the eviction for you. --173.63.xx.xxx
eviction advice? (by Dave [NJ]) Posted on: Jan 22, 2023 9:35 AM
Any advice on how to handle it with the lawyers? I got a quote of $2k from one attorney but I know the tenant has the right to pay the rent and than I can't evict him.
I don't want to pay $2k to get the process started and than the tenant has a change of heart and decides to pay the rent (which is obviously good). Is there a way to structure it where I only pay a portion if we don't have to go to court?
eviction advice? (by Frsnk [NJ]) Posted on: Jan 22, 2023 9:45 AM
Interview another atty.....one that does this all the time --173.63.xx.xxx
eviction advice? (by Dave [NJ]) Posted on: Jan 22, 2023 9:47 AM
Since you are in NJ too, do you have any you can refer? --173.63.xx.xxx
eviction advice? (by MC [PA]) Posted on: Jan 22, 2023 9:51 AM
Your T just told you to F off. You can include attorney fees in a judgment. I agree, interview another attorney. Go to court in your area and watch. Don't delay, your T has told you they aren't paying. 99% of good Ts are good, until they aren't. Your T is no longer good, get bv rid of them. --73.230.xxx.xx
eviction advice? (by Frsnk [NJ]) Posted on: Jan 22, 2023 9:53 AM
The advice oft given here is to to the Housing court session in your jurisdiction, and look for the attorneys that have a bunch of files....those the ones that do this regularly
Get their business cards and talk to them when they are not in court
Out of curiosity...what area are you in --173.63.xx.xxx
eviction advice? (by Ken [NY]) Posted on: Jan 22, 2023 9:57 AM
Start the eviction asap --74.77.xx.xx
eviction advice? (by Busy [WI]) Posted on: Jan 22, 2023 10:17 AM
OTOH, it MIGHT be possible to avoid getting to the eviction stage, but, the tenant isn't going to lead this. I have, in the past, gotten one tenant to get through a tough time, and she paid me back, though I did reduce the amount she owed. This isn't for everyone, only you know your people skills, and isn't for every tenant. I had another tenant who had a tendency for violence. That tenant would have been a big NOPE for trying any sort of mediation.
Tenants are reluctant to discuss with landlords, for good reason, their shortcomings. Often, Because they know they caused their situation through their choices. If your tenant was hostile when they texted to go ahead with eviction process, then, indeed, they did tell you to eff off. But, if they were more conciliatory, then, perhaps, a letter, inquiring about situation, describing options, may yields some results. But, again, only you know your people skills, your ability to teach, to mentor, to train. And your desire to do any of that. My husband, for instance would absolutely be rubbish at any of that, those he is very successful at earning income. I'm much better at training, teaching, though not so successful in life at earning income. ( Strongly suspect there is correlation to that, but, I still gotta teach, train; its in my Mom DNA.)
Point being, IF you could get tenant out, with no additional costs, and with recovering some of the rent portion now, and perhaps a promise to pay a reduced amount over time, of the balance, might it be worth a try? One landlord who used to post on this forum ( NE, we/ I miss your wisdom,) sends regular reminders to former tenants about balances they owed-AND HE COLLECTS! Oh, sure, probably not 100%, and probably not immediately, but he has had some success.
There may be ways too still get a court judgement for unpaid amounts, even when they are out. I'm a very smalltime landlord, no plans to have larger holdings, and I've never gone to court. Yet. So, take my advice with a healthy pinch of salt. I just wanted to post that I have had success with several tenants by ' helping ' them to see other options. Options that were mutually beneficial. --70.92.xxx.xxx
eviction advice? (by Busy [WI]) Posted on: Jan 22, 2023 10:19 AM
Edit, more than one tenant got successfully through tough times. One in particular became an excellent tenant. Neighbors even thought it was a different family living there. --70.92.xxx.xxx
eviction advice? (by Dave [NJ]) Posted on: Jan 22, 2023 10:21 AM
Bergen county. Any recommendations for my area? It's difficult for me to take off work to sit in the court room all day. If I could get a referral for a good attorney in my area, that would be great. Thanks in advance. --173.63.xx.xxx
eviction advice? (by Jim in O C [CA]) Posted on: Jan 22, 2023 10:30 AM
Start the eviction process.
My rent is due on the first. I give 3 days grace period. On day 3 I call my tenant and unless I have the rent in hand by midnight on the 4th I call and email my attorney the eviction information to proceed if it is a business day.
My last eviction was about 18 years ago. In my greeting to new tenants I tell my tenants on time rent payments are critical to them keeping MY roof over THEIR heads. --169.150.xxx.xx
eviction advice? (by MC [PA]) Posted on: Jan 22, 2023 11:44 AM
The T didn't give any explanation or ask for more time so it is a F you in my book. They are calling your bluff. Unless there is info you have left out, he burnt that bridge.
We have worked with people but once you have ignore me and make chase, we are DONE. I have done 4 evictions in 20 years and several non renewals. --73.230.xxx.xx
eviction advice? (by Doogie [KS]) Posted on: Jan 22, 2023 12:22 PM
The best thing to do to find an attorney is to go to court and observe. If you can't do that, the next best thing would be to find the local LL group in your area and call the president. He/she can probably recommend a good one. Then, start going to their meetings and join the group. This will help you in the future with more than just evictions. Meetings are typically in the evenings or on weekends, so work shouldn't be an issue for that.
I agree with the above. Tenant told you (somewhat) politely to eff off. At that point, I would be done with them and proceed with their wishes. Don't make their problems your problems. --70.179.xxx.xxx
eviction advice? (by Robert J [CA]) Posted on: Jan 22, 2023 12:55 PM
This is a two part answer. First of all in Los Angeles the City Counsel passed a new law, Tenants have an automatic 30 day grace period paying their rent. So don't get all bent out of shape about a few days!
Next, I had a tenant who didn't respond to my calls, messages, emails or texting. So I posted a sign on the parperty laws saying, "An apartment MAY be for RENT, taking applications". Listing the apartment number.
That tenant got around 30 knocks on the door, people wanting to look at the unit. The tenant called me back, again and again, around 20 times. Then around 7pm I called them back. I said sorry, I had my phone on vibrate and didn't notice they had called me. They said why did I post a for rent sign. I responded,
I didn't know if you were dead.
You refused to answer any of my calls.
You didn't pay your rent.
I was accumulating applicants so after I completed the eviction or removal of junk, I'd have a new tenant.
This made the tenant fuming mad. Then I sent another tenant of mine in that building to serve them with a 3 day notice to pay or quit. I got my rent money on the second day of the notice.
I do not suggest anyone do this method. Just wanted to show that sometimes you have to think out of the box. And this tenants son had a warrant so they couldn't make too many waves for me to jump over and they were illegal's. --47.149.xxx.x
eviction advice? (by myob [GA]) Posted on: Jan 22, 2023 2:15 PM
Dave what is in the water there?
Why did you mention atty? Don't threaten with atty. I'M FILING IN THE MORNING. PERIOD!!!! this isn't a negotiation.
Don't are how long hes been with you-- he's voided the contract. Get you business face back up- suck it up and do what all of us hate to do-- FILE FOR NONE PAYMENT OF RENT.
Another case of a LL who waits to find out what do I do next!!!!
Oh gee's I never thought anyone wouldn't pay me?????
PEOPLE you got to study your business and do's and don't along with the what if's. --98.97.xxx.xxx
eviction advice? (by plenty [MO]) Posted on: Jan 22, 2023 2:30 PM
The tenant told you what to do. Just run your business. Best plan. Could try cash for keys, if you'll be out by Friday at noon, I will pay you what I would pay the lawyer. Sorry you have to deal with all this, it's never easy --172.56.xx.xxx
eviction advice? (by MC [PA]) Posted on: Jan 22, 2023 2:32 PM
Clearly I don't know NJ law, but I know people. We have all had the first T who didn't pay, lease violates, etc. Keep that in mind when making comments. We have all been on the fence about something. IF you do need an attorney, make sure they know LL/T law. --75.165.xx.xx
eviction advice? (by Ed [CA]) Posted on: Jan 22, 2023 2:55 PM
I've had a lot of success working with tenants who were in temporary dire straits who wanted to work something out, but in your case, your tenant isn't trying to work anything out - they basically gave you the middle finger.
If you're still on speaking terms with them, you might get them out if you let them know an eviction filing will follow them for a long time - anytime they want to buy a car or a tv or a microwave on credit or get a credit card or another place to rent, they'll be out of luck. See if they'll move out in 3 days or a week and save their credit score. If they don't agree and follow up (moved out by the agreed-on time), file immediately. --108.201.xx.xx
eviction advice? (by Don [PA]) Posted on: Jan 22, 2023 3:01 PM
Has he violated the lease in any other way? If so, add it into the complaint and you may be ok even if he pays up. That is how it works on philly. --73.194.xxx.xxx
eviction advice? (by BP [AL]) Posted on: Jan 22, 2023 3:28 PM
Tenant says to go ahead and start the eviction process.Tenant knows best take tenant advice. --99.102.xxx.xxx
eviction advice? (by Ray-N-Pa [PA]) Posted on: Jan 22, 2023 8:08 PM
This isn't a game of lets make a deal. If the tenant sees you at this point, they know why you are there. You need to state the obvious, "Son you need find a different place that allows you to live for free - this isn't one of them." BTW - does any LL say they will allow a place to be rent free NO WAY - but there actions allow it to happen.
If you want me to tell you nothing bad is ever going to happen to you or your rental. You are learning other wise. So you might want to get in front of these mishaps BEFORE they occur as they will occur. --24.101.xxx.xxx
eviction advice? (by Vee [OH]) Posted on: Jan 23, 2023 7:43 AM
Agree with the others who said check for lease violations, ask another area owner/manager for advice on a lawyer who knows area judge and laws in detail. You may be able to observe court online and there you can find atty name/number - look for the cases with real numbers on damages and court paid payments which means tenant had to pay it off. --76.190.xxx.xxx
eviction advice? (by Tony [NJ]) Posted on: Jan 23, 2023 8:36 AM
Here's a really good law office who does evictions in every NJ county. Cohen-Marraccini,LLC, Southampton, PA Office: 215-887-8100.
Ask for Matt Bradley or Ms Riley Anderson. --73.215.xxx.xx
eviction advice? (by mike [CA]) Posted on: Jan 25, 2023 2:59 PM
get started on the filings and notices right away. failure to return calls gets my tenants tossed even if they are paying. in california evictions are (oddly) not that expensive but they ARE a specialty trade especially now after the many changes brought by the 'rona. a dedicated eviction atty is your best bet. get them a copy of the lease and any notices you've delivered to date. good luck. --75.80.xx.xx
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