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I live in NJ and am the homeowner of a 2 family home. My…

Customer Question
I live in NJ...

I live in NJ and am the homeowner of a 2 family home. My tenant refuses to sign the renewal lease, has 4 cats and a dog against my will and pays rent late. I need to know how to go about eviction.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New Jersey

Lawyer's Assistant: Has anything been filed or reported?

I served her with a 30day notice to quit

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What steps do i need to take next

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
3/10/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 5 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,841
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified
Good afternoon. Yes if the tenant is in violation of the lease you can give them the proper notice and if they fail to act and or correct the violation you can then proceed and evict.The type of notice required (or not required) will depend on the reason for the termination.No notice necessary: The landlord is not required to give the tenant notice if evicting the tenant for failure to pay rent, as long as the landlord does not habitually accept late rent from the tenant. If the tenant fails to pay rent when it is due, the landlord can go directly to court and file an eviction lawsuit against the tenant, thus ending the tenancy (see New Jersey Stat. Ann. § 2A:18-61.2).
Three-Day Notice to Quit: In certain situations, the landlord can give the tenant a three-day notice to quit. The tenant does not have the right to correct any violations or behavior. The three-day notice must inform the tenant that because of the tenant’s specified behavior, the landlord will terminate the lease or rental agreement and begin eviction proceedings against the tenant at the end of three days. The landlord can give the tenant a three-day notice to quit in the following situations:
disorderly conduct
destruction of the landlord’s property
conviction for use, possession, or manufacture of an illegal drug, or
assaults or threats against the landlord.
For a more complete list, see New Jersey Stat. Ann. § § 2A:18-53(c) and 2A:18-61.2(a).Thirty-Day Notice to Quit: The landlord can give the tenant a 30-day notice to quit if the tenant continues to violate the lease or rental agreement, despite repeated warnings, or if the tenant habitually pays rent late. The 30-day notice must inform the tenant that because the tenant either violated the lease or rental agreement or habitually paid rent late, then the landlord will terminate the rental agreement at the end of 30 days and file an eviction lawsuit against the tenant (see New Jersey Stat. Ann. § § 2A:18-61.1 and 2A:18-61.2(b)).
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