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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28021
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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It's actually a landlord -tenant related question. NJ, Yes

Customer Question

Hello, it's actually a landlord -tenant related question.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: NJ
JA: Has any paperwork been filed?
Customer: Yes and we were in court yesterday.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We asked the tenant to move out because he continuously breaks the lease. (i.e. late rental payments, unclear common areas, disruptive behavior) and the Judge ruled in his favor, said he doesn't have to move out and he can stay as long as he wants to. But we really want to evict him.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 10 months ago.

I am sorry to hear about what you are going through. Did the Judge explain his ruling?

Customer: replied 10 months ago.
Not really...I mostly submitted letters to the tenant for late rent, but he paid both months yesterday in court. So the judge said he doesn't have to move and he can stay as long as he wants.
Expert:  RealEstateAnswer replied 10 months ago.

Thank you for the reply. Going forward, if the tenant is in breach of the rental agreement, you want to give him the proper notice to cure or vacate. If he fails to do so within the required period of time, you can then file and proceed to evict him. I am curious to know if the Judge found that the letter were not sufficient and actually placed them on notice that if they did not cure in X days that they would need to vacate or be evicted. As such, the proper notice needs to be given. I have never heard of a Judge allowing a tenant to live in a rental for as long as they want, since 1) the lease would end and you do not have to renew 2) they rent month to month and you could terminate the lease with the proper written notice and end the tenancy or 3) they would be in breach of the lease and required to move. As such, you can proceed as shared above, based upon the rental situation. If they rent month to month, simply terminate the rental. If they break the lease, give them written notice to cure or vacate and if they fail to, evict them again.

Expert:  RealEstateAnswer replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!