I need to evict a tenant in Lakewood ASAP

[CountValentine]

Who says it does?

That is what I am trying to understand. If you have a month-by-month lease as long as you do nothing wrong, you can stay there forever?

[dealfinder11]

That is what I am trying to understand. If you have a month-by-month lease as long as you do nothing wrong, you can stay there forever?

Technically, I believe so. Someone can correct me if I'm wrong. In reality, you can keep increasing rent by the max annually. And often those increases will outpace the market and the tenant will leave on his own. But it is standard practice in real estate for landlords to offer existing tenants financial incentives to move out.

[dm123]

When does it end then?

Looks like in NJ it doesn't end except for good cause...

“No landlord may evict or fail to renew any lease of any premises covered by…this act except for good cause….” N.J.S.A. 2A:18-61.3

Although they claim "Owner Occupied 2/3 Family Dwellings" would be different:

Evictions for Owner-Occupied Two and Three Family Dwellings
Special eviction rules apply if you live in your rental and it has no more than 3 units. If you qualify under this provision of the law, you can evict for any of the reasons listed above.  In addition, a live-in landlord of a duplex or triplex can evict a tenant for overstaying an expired lease.  This is the only exception to the quirky NJ eviction law.

Requires a written notice to the tenant for delivery of possession of the property
3 month Notice To Quit for tenancy at will or year to year tenancy
1 month Notice To Quit if the lease is month to month

No idea how it applies to illegal basements.

ETA: I had N.J.S.A. 2A:18-61.2 really it's N.J.S.A. 2A:18-61.3

[aygart]

Looks like in NJ it doesn't end except for good cause...
Although they claim "Owner Occupied 2/3 Family Dwellings" would be different:
No idea how it applies to illegal basements.

THERE IS A BINDING CONTRACT!!!!!!

[dm123]

THERE IS A BINDING CONTRACT!!!!!!

What is the stated end term of the contract?
CMIIW but FWIU in NJ the tenant has the right to renew the contract indefinitely except for cause.

[imayid2]

Reaching out to my BD contacts I’m told that there is little chance of a BD allowing OP to evict. Some Rabonim won’t allow more than 5% increase, some will allow more but little chance of getting full market value.
Doesn’t feel quite right to start directing you who to ask.

[aygart]

What is the stated end term of the contract?
CMIIW but FWIU in NJ the tenant has the right to renew the contract indefinitely except for cause.

WHAT DOES THE CONTRACT SAY

[dm123]

WHAT DOES THE CONTRACT SAY

So you have the same question as me?

I was assuming contract term had ended and it went into month to month terms...

BTW it seems your caps lock is on from your last 2 posts.

[CountValentine]

WHAT DOES THE CONTRACT SAY

Is your caps lock stuck?

[avromie7]

WHAT DOES THE CONTRACT SAY

https://www.uslegalforms.com/jsfiller-desk18/?requestHash=e4edab44c019aa05a8c390486dab38d11e9d327140d36d13c51973a32287c940&ref=https://www.uslegalforms.com&projectId=1062562976&loader=tips&replace_gtm=false&MEDIUM_PDFJS=false#2388510f73f149f0b526526bf0a78b7f

I believe this is the contract. Section 3 says the landlord may only terminate with good cause. Being unhappy with a 30-40% increase when the contract only allows for either 5% or 20% is not good cause.

[drosenberg88429]

If the tenant was paying rent as per the lease and is otherwise behaving (at least according to NJ Law, don't know the halachik side) not sure what valid cause this would fall under?

This which you quoted is referring to in middle of agreement term. Termination after term expires and during month to month tenancy is acceptable for any reason with reasonable cause given and proper notice provided as per agreement timeframe, as I understood it.

[avromie7]

This which you quoted is referring to in middle of agreement term. Termination after term expires and during month to month tenancy is acceptable for any reason with reasonable cause given and proper notice provided as per agreement timeframe, as I understood it.

Definitely not when the contract specifically disallows it.

[aygart]

https://www.uslegalforms.com/jsfiller-desk18/?requestHash=e4edab44c019aa05a8c390486dab38d11e9d327140d36d13c51973a32287c940&ref=https://www.uslegalforms.com&projectId=1062562976&loader=tips&replace_gtm=false&MEDIUM_PDFJS=false#2388510f73f149f0b526526bf0a78b7f

I believe this is the contract. Section 3 says the landlord may only terminate with good cause. Being unhappy with a 30-40% increase when the contract only allows for either 5% or 20% is not good cause.

"Hmm, we couldn’t find the page you’re looking for"

[nbfromnj]

https://www.uslegalforms.com/jsfiller-desk18/?requestHash=e4edab44c019aa05a8c390486dab38d11e9d327140d36d13c51973a32287c940&ref=https://www.uslegalforms.com&projectId=1062562976&loader=tips&replace_gtm=false&MEDIUM_PDFJS=false#2388510f73f149f0b526526bf0a78b7f

I believe this is the contract. Section 3 says the landlord may only terminate with good cause. Being unhappy with a 30-40% increase when the contract only allows for either 5% or 20% is not good cause.

https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf

EVICTIONS FOR OWNER-OCCUPIED TWO AND THREE FAMILY DWELLINGS
In addition to the causes listed above, a tenant residing in an owner-occupied two or three family
dwelling may be evicted if the landlord can show that the tenant is staying after the expiration of the
lease and the landlord has given the tenant a written notice for delivery of possession of the
property. Under this cause of not renewing the lease, a three month notice to quit must be given if
an at will tenancy or year-to year tenancy exists. A one-month notice to quit is required for a
month-to-month tenancy.

owner occupied is also good cause for 2 or 3 family dwelling but as others mentioned, this is not a legal 2 family house so not sure how it would work

[nbfromnj]

"Hmm, we couldn’t find the page you’re looking for"

try this
https://www.pdffiller.com/jsfiller-desk18/?requestHash=f25ea0f13516e553f36a71070cbef490caa9c4946222987974b7248ad421d5f3&projectId=1062652949&loader=tips&replace_gtm=false&MEDIUM_PDFJS=false#ea56240bce82410692b51d3a45d529a1

[yfr bachur]

Basically everyone is saying that if it would be a legal unit, he would have no legal (and therefore halachic) leg to stand on, becuase the law only allows for eviction for coause?
The question is how the batei dinim would apply the law to a illegal unit?

I'm wondering what the batei dinim in JLM are going to say when they start getting these kinds of cases here.
In certain areas there are landlords who want to double the already outragously high rent. I heard of a landlord who wants to raise the rent from 3900 to 7900 for a 38 meter apt!!

[avromie7]

"Hmm, we couldn’t find the page you’re looking for"

https://www.uslegalforms.com/form-library/89899-bais-din-maysharim-lease-2020

[avromie7]

Basically everyone is saying that if it would be a legal unit, he would have no legal (and therefore halachic) leg to stand on, becuase the law only allows for eviction for coause?
The question is how the batei dinim would apply the law to a illegal unit?

I'm wondering what the batei dinim in JLM are going to say when they start getting these kinds of cases here.
In certain areas there are landlords who want to double the already outragously high rent. I heard of a landlord who wants to raise the rent from 3900 to 7900 for a 38 meter apt!!

Wrong.

The contract specifically limits increases to 5% and does not allow the landlord to terminate the contract without cause. All other discussions are moot because the contract is binding.

[dm123]

This which you quoted is referring to in middle of agreement term. Termination after term expires and during month to month tenancy is acceptable for any reason with reasonable cause given and proper notice provided as per agreement timeframe, as I understood it.

I later posted N.J.S.A. 2A:18-61.3 which states "fail to renew". That indicates at end of a lease/month to month renewal no?

“No landlord may evict or fail to renew any lease of any premises covered by…this act except for good cause….” N.J.S.A. 2A:18-61.3

And when you say "for any reason with reasonable cause", please clarify?

[drosenberg88429]

WHAT DOES THE CONTRACT SAY

3. Renewal. After expiration of the term, this lease shall continue as a month-to-month tenancy, until terminated by either party, Termination shall occur upon ___ notice days in advance, and shall be effective on the __" of the secular month. Said notice shall be either in writing, or acknowledged by both Parties, and shall be irrevocable. Landlord may only terminate the lease for "good cause", which shall be specified on said notice.


8. Rent Increases. The partes accept upon themselves that after each Term the Landlord may raise the rent by a maximum of ___ dollars or ___ percent, per year.