Re: Want to move back in... - Landlord Forum thread 236254

Re: Want to move back in... by Katiekate (New York) on October 1, 2011 @14:43

Be very sure to send letters to the tenants.
Be very sure to send it certified.
Also send it regular mail.
If the certified letter is sent back to you without the signature..keep it..do not open it. It is proof you sent it if you need that for later.

In your letter tell the tenants that you will not be renewing the lease. That you are notifying them now that their move out date is May 31, 2012. While the law only requires 60 days notice, you think that by letting them know now they will be in a excellent position to find new place with all this extra time to look. DO NOT give them a reason. If they learn it is just so you can move in they might not take the date seriously.

Then.. on April 20th (or so) send another letter.. remind them of all the things to be sure to take care of on or before their move out date of May 31, 2012. Like not leaving anything behind, etc . The real purpose of the second letter is to re-enforce that they ARE moving.
Tell them you have new tenants moving in June 1, 2012 and they should clean the unit well. Again..just so they take you seriously.

If they say they aren't moving... tell them not only will you have to file to evict..but they will have to pay for the temporary housing of the new tenants. Just to re-enforce the idea that they really have to go.

If they are still there the morning of the 1st of June..tell them you are on your way to court to file the eviction proceeding....then do it.

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Re: Want to move back in... by Jersey Girl (New Jersey) on October 1, 2011 @14:51	[ Reply ]

What about the Anti-Eviction Law that was put in place. I was told there are 16 reasons and you have to have one of them to get them out even if the lease ends??? I know they will give me a hard time. They are not the best tenants. I let the woman have 2 horses there and her dog. I was too nice. I can't take her saying she is calling her lawyer one more time..... What is your thought? Can they come after me legally? Thanks!!!

Re: Want to move back in... by Anonymous on October 1, 2011 @16:08	[ Reply ]

You are not evicting them, you are simply giving them a notice that you will not be renewing their lease. If they refuse to leave, THEN you will be evicting them.

Re: Want to move back in... by Katiekate (New York) on October 1, 2011 @17:27	[ Reply ]

exactly ^^^ this is NOT eviction. You are just notifying them as require by the law that you will not renew the lease at the end of it May 31, 2012. You must give them at least 60 days notice that you will not renew. You only deal with eviction if they are 'hold over'. Meaning they are still there on June 1, 2012. There isn't anything for them to "come after you legally" for. You are simply not going to renew the lease. That's all.

Re: Want to move back in... by Katiekate (New York) on October 1, 2011 @17:29	[ Reply ]

oh.. and do it in writing... with proof. certified mail. If they don't sign to get the mail, that is when you need to have the other normal mail sent at the same time...you keep the certified one unopened if you ever need it in court should you end up needing to continue with eviction next summer.