Re: Want to move back in... - Landlord Forum thread 236256

Re: Want to move back in... by Anna Mouse on October 1, 2011 @15:54

I want to preface this post with I don't know what I am talking about so listen to the others who comment on the information I have given. Also, listen Katie, she knows much.

I also found the following info that I am cutting and pasting from, New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service

A “Notice to Quit” is a notice given by the landlord ending the tenancy and telling the tenant to leave the premises. However, a Judgment for Possession must be entered by the Court before the tenant is required to move. .....The landlord must be able to prove in court that he has grounds for an eviction. This bulletin outlines the good cause grounds for an eviction of a tenant from residential rental properties in New Jersey, pursuant to the Anti-Eviction Act, as set forth in N.J.S.A.
2A:18-61.1. The Anti-Eviction Act was created to protect blameless tenants from eviction and was adopted in recognition of the housing shortage in the State.
EXCEPTIONS
This law may not apply to two or three unit owner-occupied premises with two (2) or fewer rental units. (That does not work as you are not owner occupied unless it works because you own 2 or fewer rentals.)

However, here is maybe your path:

If a tenant fails to pay rent after being given notice of a rent increase and a Notice to Quit, the landlord may file a suit for eviction. The rent increase must not be unconscionable and must comply with all other laws or municipal ordinances, including rent control. A Notice to Quit must be served on the tenant at least one month prior to filing the suit for eviction. Note: If the tenant believes the rent increase is unconscionable, he may withhold a portion of the rent. He may withhold the difference between the old rent rate and the new increased rate. However, the landlord may file a suit for eviction and the court would determine if the rent increase is unconscionable.

So what you might do is get some comps for your home maybe? Increase the rent to the maximum comperable amount plus a bit for good measure. That is fair and square, afterall you should be getting top dollar for your rental, it is your duty as a landlord to yourself and the community.

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Re: Want to move back in... by Jersey girl (NJ) on October 2, 2011 @08:35	[ Reply ]

Thanks. Their rent is definitely below market. One tenant pays 1200.00 and the other pays 600.00 totaling 1800.00. It is a 3 bedroom home with a 9 stall horse barn. If she were to board her horses, she has 2 and a foal- she would pay at least 400.00 each. I did them a favor and I had to make decisions. My husband was killed in a car accident and I know longer could afford the taxes alone.....