New NJ landlord,tenant 6 days late with rent,how do we start the eviction process?

Question

First time landlords, the tenant won't return calls, visit to the house and tenant was not there as far as we could tell, we didn't enter the property, we do not think we have the legal right to yet. What do we do now? I know we can file for eviction, but do we need a lawyer to do so or can we do it ourselves? We are reasonable people and would work with the renter if he would return our calls, the neighbor asked us if any one is living in the house because the mailbox is full and the grass if very high and they never see anyone there. Thanks in advance for your help.

Answer 1

Here's the first thing you need to do...

Do a 24-hour notice of entry. State you need to enter the home to do some repairs/maintenance. State that you feel there's a leak somewhere. Call with the notice and leave a voice mail and also physically place a notice on the door. If you haven't heard back in 24 hours, you are then legally able to enter the home as you already gave notice. No one can contest it.

Then, close all windows, doors, etc. If the home is empty, they skipped on you. If their stuff is in the house, then you know they haven't skipped and in fact still live there.

Doing an eviction after 6-days late isn't reasonable. I know you're legally able to do it, but usually a late-fee will suffice. Being 30-days late on the other hand is a completely other story.

You never know... the people in the home could be a victim of a crime as well... that's happened before.

Answer 2

Sounds like your tenant may have skipped. Check with the court about the eviction process in your area. This should be a last resort, but if it is inevitable you don't want to waste any time.

Good luck.

Answer 3

Not sure about New Jersey, but in Florida, you have to file a notice of eviction and give the tenent 30 days to move out.

Answer 4

Go ahead and enter the property ONLY to secure the windows against rain damage. You have the legal right to protect and prevent damage to your property. While you are in, see if the tenant is dead or if their stuff is gone. Start the eviction process, you can always stop it if you are wrong but at least you will be ahead of the game.

Now, next time you rent you are going to have a sheet with listed references and at least 1 emergency and 3 alternate contacts right?

Answer 5

Beginning the eviction process when the tenant is 6 days late is reasonable - you cut your losses as early as possible.

Personally, you should contact and attorney that specializes in landlord/tenant and eviction laws, just to see exactly how you should proceed.

I also highly recommend that new landlords always use an attorney for evictions until they are familiar and comfortable with the process.

With an eviction action, if any of the paperwork is filled out incorrectly or improperly served, your case can be thrown out.

Attorney fees can be deducted againt the rental at the end of the year.

http://www.lsnjlaw.org/english/placeiliv...

Grounds for eviction (N.J.S.A. 2A:18-61.1)

a. Not paying rent

Notices required before filing eviction suit:

No notices are required, except where the tenant resides in federally subsidized housing. In public housing, a 14-day notice is required.

Answer 6

You definitely need to get yourself a copy of the NJ laws before you rent anything to anyone.

1 - You can get him evicted yourself just by following the procedures in the law.

2 - You can enter the property without notice if there is reasonable cause ... no contact, late rent, windows open, grass unmowed ... maybe he's lying dead in the kitchen.

Pound on the door, yell LANDLORD ENTERING and go on in, or callthe cops anhd say you think there may have been a burglary (because of the windows) and let them go in first.

3 - If the place is empty - no personal high-value possessions left behind, no pets, if any, assume he's skipped and follow the legal procedure for getting any remaining stuff out ofthere and re-renting it.

Answer 7

You should learn about your state's eviction laws.  All states are similar but they usually vary slightly in detail.  Do you think the place is empty?  Then go ahead and enter the place.  If it is empty you are home free.  If all the tenants belongings are still there then start the eviction process and don't mention to anybody that you were inside the unit.  Is his phone(landline) still on?  How about the utilities?  Is it possible that he is on a long vacation?

As far as needing a lawyer, the answer is no but you may want one anyway to make sure everything goes OK.  This is one area of the law that lawyers are not expensive relative to what they do.  Good luck!