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New jersey Eviction law: I am a new owner and need to Evict…

New jersey Eviction law...
New jersey Eviction law : I am a new owner and need to Evict a tenant who is staying in Basement apartment . This is not a legal apartment . He was rented by previous owner . What are my options here ? Can I Evict him. Do I have to pay him even if I didn't rent him or never collected any money from him . Let me know
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Answered in 5 minutes by:
3/28/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks very much for your patience on this. So, if a person is living in a place that is not fit for human habitation, then the landlord may be liable for any harms that befall the tenant and the landlord may also be required to disgorge any rents they collected over the time that the place was uninhabitable. In your case, if you have someone that is a tenant, then you should immediately begin proceedings to terminate the lease. A lease can be terminated if the place is not habitable. The tenant won't be responsible for any rent going forward. My recommendation to you in helping out thousands of landlords is to provide some reasonable settlement and also help the tenant find a new place to live and also provide glowing references to any new landlords.

Finally, as a part of the settlement, be sure that the tenant agrees in writing that they will not bring a lawsuit in a civil court for the lack of habitability.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 22 days ago
There is no lease . As I mentioned I am a new owner and this person was paying rent to the old owner . I asked him to leave and he doesnt. I am only worried if i put an Eviction case do I have to pay him or court will not make me responsible ?
Customer reply replied 22 days ago
Also He doesn't have a Lease there

I understand.

Even if he doesn't have a lease, you may need to go through the eviction procedures in this case. If you put an eviction case, you don't have to pay him, but I recommend that you do so because a court may require that you do so.

The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing (such as a lease) or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

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Does that make sense so far/ What questions did you have for me about that?

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Customer reply replied 22 days ago
I have another tenant on 2nd floor which legal and also was rented by Previous owner and they paid to previous owner till date even if I sent a notice on November 2017. I am planning to Evict them . I am new to Hudson county law. Do I have to pay them to leave ? They dont have lease or never paid me . Can I ask them to pay app unpaid rent as part of the Eviction ?

Good question. No, you won't have to pay them to leave. Just provide them 30 days written notice that the rental agreement is ending and make sure you deliver it to them personally (e.g. taping it to the door and/or sliding it under the door plus sending them a copy in the mail)

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Customer reply replied 20 days ago
Hi There , While talking Someone today mentioned, NJ law says if you Evict the basement guy (Illegal apartment) you must pay him to rehab . It Doesn’t matter if you rent him or the previous owner its a responsiblity of the new Landlord . Please advice

I don't see anything that suggests that this is the case. My recommendation is to have the other person you spoke with to point you in the direction of some authority. Your city or county housing authority may also be able to provide some assistance as well for something that specific.

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