I need to evict a tenant in Lakewood ASAP

[avromie7]

The tenancy is month to month.

The contract has a clause limiting the annual increases. The terms of the contract are still binding.

[dm123]

UPDATE:

It looks like I've been getting a lot of feedback on whether it is the right thing for me to evict or not. I don't care about that. I live in NY and I'm unfamiliar with the Lakewood Batei Din landscape I want to know which Batei Din in Lakewood to go to and which to avoid for the best possible chance of success and getting the job done as quickly as possible.

Just saw this update, guess you're not looking for advice like this:

I’ve heard from someone else in a similar situation, he explained situation to tenants and offered them a lump sum to move.

Also, I'm curious, did you buy it from av83? DDF RE Agency commissions? 

I have tenants for close to 10 years and have never raised their rent. The time has come now that i must sell the property I have a buyer for a decent price but they only want it either if tenants sagree to pay a fair rent amount (about 1500 more then they are paying now) or I deliver the house vacant. I am being told that in B'D I will not necessarily be able to force on them more than a 5-10% increase and it will be very difficult toi remove them. Basically they are holding my house hostage. Does anyone have a good piece of advice for me?

[aygart]

Yes, it says the rent cannot be raised more than 5% per year. But what stops me from evicting him?

That you can't just everyday on a whim. You are coming into an existing contract.

[imayid2]

The contract has a clause limiting the annual increases. The terms of the contract are still binding.

The contract was signed with the previous owner.
Even with the previous owner, it isn’t so simple in this case since legally it’s owner occupied.

[monoso]

In section 11 there is a process on how to raise rent above the limit, due to unusual hardship and I think this case would qualify, but you have to appeal to the rent control board which there is none. A lawyer told me that Lakewood has no rent control, I am curious if these laws are still the law.

[imayid2]

That you can't just everyday on a whim. You are coming into an existing contract.

A good friend of mine, at my insistence, asked a שאלה because his landlord raised him over the 5% limit. He was told he doesn’t have much recourse because it is an owner occupied property.

[avromie7]

The contract was signed with the previous owner.
Even with the previous owner, it isn’t so simple in this case since legally it’s owner occupied.

The new owner assumes the existing contract. Owner occupied is irrelevant, it doesn't change the terms of the contract.

In section 11 there is a process on how to raise rent above the limit, due to unusual hardship and I think this case would qualify, but you have to appeal to the rent control board which there is none. A lawyer told me that Lakewood has no rent control, I am curious if these laws are still the law.

This doesn't allow for an increase above the contractual limitation. It allows for an increase above the legal limit when there is no contract.

[avromie7]

A good friend of mine, at my insistence, asked a שאלה because his landlord raised him over the 5% limit. He was told he doesn’t have much recourse because it is an owner occupied property.

Did he have a contract limiting increases to 5%?

[imayid2]

Did he have a contract limiting increases to 5%?

He did not. But the legally it can’t be raised even without one. So would that make a difference?

[aygart]

A good friend of mine, at my insistence, asked a שאלה because his landlord raised him over the 5% limit. He was told he doesn’t have much recourse because it is an owner occupied property.

Did the contract itself state this maximum?

[aygart]

He did not. But the legally it can’t be raised even without one. So would that make a difference?

Because you have a binding contract that you need to keep to! Duh.

[avromie7]

He did not. But the legally it can’t be raised even without one. So would that make a difference?

If there is no contract or the contract doesn't address increases, the law provides protection to the tenant in some cases. If there is a contract, the terms of the contract are binding.

[Sienna]

If there is no contract or the contract doesn't address increases, the law provides protection to the tenant in some cases. If there is a contract, the terms of the contract are binding.

Is the contract binding on a new landlord if the previous tenant is in a month to month tenancy?

What is stopping me from evicting him after his one year lease is up?

[dealfinder11]

seeing a lot of comments on the grey area of the illegal apartments, assuming this favors the landlord. I have heard that this in fact favors the tenant.

A: As it is illegal to rent out the basement, the collection of rent is unlawful, and the tenant can countersue for all rent paid to date.

B: The evection process is more complex as it involves squatters rights.

I'm a bit skeptical about the squatters rights thing, however the first one may have some teeth. I have no direct knowledge of these, though I have heard a story circulated in regards to the first one.

[dealfinder11]

Is the contract binding on a new landlord if the previous tenant is in a month to month tenancy?

What is stopping me from evicting him after his one year lease is up?

Month to month just means the contract is automatically renewed on a month to month basis. You can't just evict because a contract is up . And of course you inherit any contract in place when you purchase a property. Real estate 101.

[imayid2]

If there is no contract or the contract doesn't address increases, the law provides protection to the tenant in some cases. If there is a contract, the terms of the contract are binding.

Ok got it. But FWIU legally speaking it wouldn’t be difficult to evict. He can move into “the whole unit”.

[CountValentine]

Month to month just means the contract is automatically renewed on a month to month basis. You can't just evict because a contract is up . Real estate 101.

When does it end then?

[avromie7]

Is the contract binding on the new landlord if the previous tenant is in a month to month tenancy?

What is stopping me from evicting him after his one year lease is up?

A new landlord assumes the existing contract. The contract gives specific scenarios that allow for eviction, which means you can only evict in those scenarios.

[aygart]

Guys, contracts are binding!

[dealfinder11]

When does it end then?

Who says it does?