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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16721
Experience:  Attorney experienced in Landlord-Tenant Law.
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My tenant give me a 30-Day move out notice, the tenant is section-8.

Resolved Question:

My tenant give me a 30-Day move out notice, the tenant is section-8. I spoke to the case worker about the tenant 30-day notice and the case worker told me that I had give a 60-day notice if I am going to move back in the property. It is my understanding that once the tenant gives the 30-day notice; I can honor that notice with the expectation that they will move out. Why is the case worker asking me 60-days when the tenant sent me a certified written notice to leave in 30 days?
Submitted: 5 years ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 5 years ago.
Hello my name isXXXXX will be happy to answer your question.

What city and state is this property located in?
Customer: replied 5 years ago.
Neptune, NJ
Expert:  Alex J. Esq. replied 5 years ago.
Thank you for your follow up.

Is the section 8 tenant now insisting on staying in the rental longer?

Why is the social worker getting involved in this situation?
Customer: replied 5 years ago.

The tenant has been a complete nightmare. The tenant has trashed my house, non payment of rent, pets and arguments with neigbhors. The tenant is ready to leave, but however, I don't really think that their next place is secure. I really dont care. It appears to me that the case worker is trying to buy time for the tenant.


I am going to send a certified letter stating that the tenant has given me their 30 day notice according to NJ law and that I expect the tenant to leave on the date that was given to me. After all, she did send the letter certified with a specific date.

Customer: replied 5 years ago.

Hi Alex, are you still working on my reply.



Expert:  replied 5 years ago.
Thank you for your follow up and further clarification.

While the tenant only has to give a 30 days notice, if the tenant fails or refuses to move out, you would have to proceed with legal eviction, which can take a while, especially given the fact that this tenant is a section 8 tenant, so it might make sense to try to work with the tenant's social worker in order to make sure that the tenant does move out, even if you have to give this tenant another 30 days, for which the program and the tenant will have to pay you rent.

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Customer: replied 5 years ago.

I am moving back the end of May. It just seems as if I am accomodating the tenant, which is ridiculous. Especially given the circumstances. : (


Expert:  Alex J. Esq. replied 5 years ago.
Thank you for your follow up.

I completely agree with you and understand your frustration with this section 8 tenant.

Unfortunately, you cannot simply throw this tenant out, as self-help is prohibited under NJ law when it comes to evictions, so you would have to file an eviction action if the tenant does not move out at the end of the 30 day period.

So it is simply the matter of practicality, where it would make more sense to work with the social worker to make sure that you do get rid of this tenant from "hell" and that you are paid by section 8 for the time that he is living in your rental apartment.
Customer: replied 5 years ago.
Thanks for your advice Alex. I will try to exercise patience.
Expert:  Alex J. Esq. replied 5 years ago.
Thank you for using and I wish you best of luck!