Posted by IB (NJ) on March 16, 2003 at 10:20:23:
There’s rent control in my market (Newark and its surrounding areas).
Need alternitave ways to get a tenant out! - Posted by A.C.
Posted by A.C. on March 15, 2003 at 15:45:46:
Hello,
I have a tenant in one of the rentals I picked up about 8 months ago that refuses to sign a new lease agreement with me the current owner. And also wont let me fumigate the place or make any repairs. The place is a mess! They always pay on time so I cant evict them for non-payment. I need to make repairs to the place for health and safty reasons but the tenant always runs off who ever I hire. I’ve even offered to set them up in a nice hotel for one week so I can get this done but they just wont do it. Are there any altenative ways I can get them out for a few days to do this much needed work?
Thanks!
A.C. San Diego, California
Boy I wish… - Posted by IB (NJ)
Posted by IB (NJ) on March 15, 2003 at 22:26:07:
I lived in some of your states. In NJ, you can ONLY remove a tenant for non-payment or if you wish to move in to the apartment yourself. Other than that, you have a tenant for life…
DO NOT, under any circumstances… - Posted by Jim (MD)
Posted by Jim (MD) on March 15, 2003 at 18:44:14:
DO NOT call the local health department, building inspectors, fire and safety inspectors, etc. The reason is that if code violations are found, YOU will be the one charged with the violations, and it will be your responsibility to correct them. Even if you correct the violations within the time period allowed (provided violations are found), criminal charges can and probably will be placed against you. Prosecuters do not back off on these charges. And the last thing the prosecuter or the judge wants to hear is that it is your tenant’s fault. In this state, this can stay on your criminal record for three years before you can have it erased.
Re: Need alternitave ways to get a tenant out! - Posted by RichV(FL)
Posted by RichV(FL) on March 15, 2003 at 17:21:03:
AC,
I can see you already got some great advice from the others.
Do yourself a favor and check your state landlord/tenant act. Without a new lease you can most likely get them out within 30 days.
Remember …its your place…put your foot down.
Good Luck
RichV(FL)
Re: Need alternitave ways to get a tenant out! - Posted by Dee-Texas
Posted by Dee-Texas on March 15, 2003 at 16:45:42:
Send them a letter AND the same letter registered outlining that you need to meet with them to sign a new lease and go over it. (showing them all the stipulations about accessing YOUR property, etc).
In the letter tell them if they do not call or meet with you on or before a certain date (make sure you give them an absolute date) then you will assume that they DO NOT want to sign a new lease and will be LEAVING your property on 5-1-03 AND that you will start eviction proceeding (you do NOT have to give a reason and don’t…don’t get into the dirty place, etc…no lease no property)
That’s it, then wait. If they don’t contact you don’t call, just go immediatly and start eviction. Life’s too short to deal with people like this.
REMEMBER TWO THINGS…Who’s property is it? Who’s in control?
Best $uccess,
Dee-Texas
Re: Need alternitave ways to get a tenant out! - Posted by Tony-VA
Posted by Tony-VA on March 15, 2003 at 16:40:02:
I do not know CA law so you want to check local procedures.
With no lease agreement, chances are that the tenancy reverts to a month-to-month tenancy. Find out what your locale requires in regards to non-renewal of such a tenancy. Typically you will have to provide 30 days notice that you are not renewing the tenancy.
The mere fact that you write such a letter to them may get the to cooperate. If not, you then follow the procedures to evict based upon the hold over tenancy (after the expiration of the 30 days notice) instead of non-payment. Non-payment is only one breach of contract.
Best Wishes,
Tony-VA
Re: Need alternitave ways to get a tenant out! - Posted by mir
Posted by mir on March 15, 2003 at 16:21:59:
call the local health dept, local safety inspectors etc. etc.
Re: Boy I wish… - Posted by David Krulac
Posted by David Krulac on March 16, 2003 at 07:17:50:
but with out a lease and without rent controls, what stops you from doubling the rent?
A tenant for life isn’t necessarily a bad thing.
Guess you move around a lot huh? LOL (nt) - Posted by BrokerScott (Mich)
Posted by BrokerScott (Mich) on March 16, 2003 at 04:32:55:
nt
Re: Need alternitave ways to get a tenant out! - Posted by David Krulac
Posted by David Krulac on March 15, 2003 at 16:37:37:
you can evict, even if rent is on time. Or since they have no lease, in many states you can terminate their rental agreement without cause with 30 days notice. Your your local and state laws for your area.
rent controls suck IMHO (NT) - Posted by David Krulac
Posted by David Krulac on March 16, 2003 at 11:44:59:
`