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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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I've filed. I got a court date. Yes, I'm upset it didn't get done sooner. My building manager offered to drop off the initial paperwork for me, since I'm 4 hours away. Two weeks later, it kicked back to him since the paperwork wasn't signed by me. So I got the paperwork in at the end of January. Court date is end of February. (4 weeks after getting the paperwork? Christ.)

Tenant's name is on the lease. Not the agency. I have one month deposit. Tenant is a junkie that scammed the system and has stolen items and destroyed my apartment. Lawyer says I'll have no recourse since the guy is probably broke.

Posted on: 2/16 21:45
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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brewster wrote:
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TheJSQuare wrote:
Rent was paid on time by a 3rd party agency (Hurricane Sandy Relief Program). They asked him for some follow up paperwork. He never filled it out. They stopped paying the rent. He's still living there. He's cut off all contact with me in December.


Why are you still asking? File, or find an attorney to do it if it's worth saving your time.


Exactly! You could have filed for eviction a month ago instead of giving away another "free" month.

I assume the tenant's name is on the lease, not the Relief program. Did you at least get a security deposit?

Posted on: 2/13 23:54
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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TheJSQuare wrote:
Rent was paid on time by a 3rd party agency (Hurricane Sandy Relief Program). They asked him for some follow up paperwork. He never filled it out. They stopped paying the rent. He's still living there. He's cut off all contact with me in December.


Why are you still asking? File, or find an attorney to do it if it's worth saving your time.

Posted on: 2/13 22:27
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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Rent was paid on time by a 3rd party agency (Hurricane Sandy Relief Program). They asked him for some follow up paperwork. He never filled it out. They stopped paying the rent. He's still living there. He's cut off all contact with me in December.

Posted on: 2/13 21:08
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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MDM wrote:
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brewster wrote:

Thanks, I''l check it out. Years ago a friend with a large management co gave me a lease but I thought it was over the top aggressive, like not guaranteeing appliances. Have you ever had anyone put off by your lease?


No. My lease isn't that aggressive. I have over time had to put in additional caveats:

No turkey fryers allowed.

Tenant will not demand that "humane" or "organic" pest control methods be used to treat the apartment and / or common areas.


LOL, it would be funny to see a long list of such specific clauses that landlords have had to come up with!

Posted on: 2/12 21:10
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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brewster wrote:

Thanks, I''l check it out. Years ago a friend with a large management co gave me a lease but I thought it was over the top aggressive, like not guaranteeing appliances. Have you ever had anyone put off by your lease?


No. My lease isn't that aggressive. I have over time had to put in additional caveats:

No turkey fryers allowed.

Tenant will not demand that "humane" or "organic" pest control methods be used to treat the apartment and / or common areas.

Posted on: 2/12 20:05
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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I took a generic one from a How to Landlord book I read back in the 1990s. My attorney then reviewed it and made some changes (adding in the "Additional Rent" clauses and revising my late payment penalty fees).

Https://www.amazon.com/Landlording-Han ... =1-2&keywords=landlording


Thanks, I''l check it out. Years ago a friend with a large management co gave me a lease but I thought it was over the top aggressive, like not guaranteeing appliances. Have you ever had anyone put off by your lease?

Posted on: 2/12 19:12
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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brewster wrote:
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MDM wrote:
I have it in my lease that I can collect these costs "As Additional Rent". If you don't have the quoted statement in your lease, you can't demand that these costs be reimbursed in landlord / tenant court.


I need a tighter lease. Where did you get what you use?


I took a generic one from a How to Landlord book I read back in the 1990s. My attorney then reviewed it and made some changes (adding in the "Additional Rent" clauses and revising my late payment penalty fees).

https://www.amazon.com/Landlording-Han ... =1-2&keywords=landlording

Posted on: 2/12 18:45
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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MDM wrote:
I have it in my lease that I can collect these costs "As Additional Rent". If you don't have the quoted statement in your lease, you can't demand that these costs be reimbursed in landlord / tenant court.


I need a tighter lease. Where did you get what you use?

Posted on: 2/12 18:06
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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I did an eviction about 8 years ago. I took them to court multiple times, but couldn't evict because they would come up with the money on the court date, including court and my attorney costs. I have it in my lease that I can collect these costs "As Additional Rent". If you don't have the quoted statement in your lease, you can't demand that these costs be reimbursed in landlord / tenant court.

The final court visit, they did a no-show and I was given a default judgement to have them evicted. The eviction process takes a while. The Sheriffs office will "take possession" of the apartment by changing the locks. The tenant will then have to arrange to pick up their personal items. After a certain time (don't recall the length) the Sheriffs office can move the personal items out of the apartment to the curb. Once the tenant's possessions are gone, the apartment is returned to the landlord.

The tenants in my case did a midnight move-out, which made the Sheriff intervention unnecessary.

Years before that, I took another tenant to court over a dispute over repairs and rent. My attorney informed me that unless the tenant put the rent into an escrow account, the court will not look kindly on the tenant's claims. In this case, never made it in front of the judge. The tenant, after consulting an attorney, paid up.

Posted on: 2/12 16:58
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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did you do credit and background check on the tenant? collect security deposit? has he traditionally paid rent on time?

Posted on: 2/12 16:14
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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I can't help you with your own appearance issues, but I can tell you this: if they show up without the back rent they're done, the court won't listen to any nonsense about pests and maintenance. Given that, I find it hard to believe they're lenient about no-shows.

Posted on: 2/12 1:37
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Re: Have you evicted a non-paying tenant in Jersey City/Hudson County?
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Yes, I just recently evicted a tenant from Jersey City Heights.

Yes you can hire an attorney to handle this..as long as you give the lawyer all the paperwork they require, you are not required to appear.

No show is not auto win..there are things the tenant can do, and the judge will set a lockout date..usually they come back and that buys themselves a mother month or so. Also tougher to evict in the winter months.

I would consult a lawyer, hire him and save yourself a trip here.

Posted on: 2/12 1:22
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Have you evicted a non-paying tenant in Jersey City/Hudson County?
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I moved out of state, but still own a one bedroom apartment in Jersey City. My tenant has not paid January or February rent. I've sent in the paperwork and filing fee to the courthouse on Newark Ave and I'm waiting for a court date in the mail.

It's difficult for me to travel to Jersey City for the court date, but I would if it's necessary. Has anyone gone through this before and have used an attorney in your place? I'm just wondering how bad it would be if I am unable to make it to court in person.

There's a very strong chance the tenant won't even show up to court. Is that an auto win for me? Can he appeal later if he never even shows up to the court date?

I would like him out as quickly as possible, since I'm already out 2 months of payments that I'll never recover. My nightmare is there's some grey area or misstep I may take that would allow him to stay longer.

What was your eviction experience?

Thanks in advance.


Posted on: 2/11 22:27
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