I have a major short sale deal being held up because we can’t evict the tenants! :help
They’ve already been taken to court, the constable came last Thursday and put a 3-day eviction notice on their doors. But, now what? I spoke to the tenant, who btw used to work for section-8, and she said that she’ll just get an extension from the judge! This will give her at least 2 weeks, even more considering they have kids!
I know the judge won’t throw them out on the streets, so what can I do to expedite the process? Should I get an eviction attorney involved? This beautiful deal is turning into a nightmare…
Yes, you need a real estate attorney that specializes in evictions. However, even with a good attorney on your side, evictions take time. Tomorrow, we are “setting out” one of the deadbeats we evicted in March and the other deadbeat won’t be setout until the 18th.
Good Luck,
Mike
BTW, the fact that the tenant has kids has absolutely NO BEARING on the eviction (at least here in Ohio where there is still a LITTLE common sense). I’ve evicted tenants with a brand new baby in the middle of January. NOT MY PROBLEM!
You can’t evict tenants in New Jersey except for a very few legal reasons. If she is paying her rent, you aren’t getting rid of her.
If she made a mistake and didn’t pay, then hire an atorney that specializes in evictions and he wil get her out
Often times you can pay a tenant to leave. That might work in this case, except that if she is Section 8 and has an evicition on her record, she is going to have a hard time finding a place to move to, even if you give her a generous amout to get out.
Seriously, if you are going to deal with rentals and tenants in New Jersey, then you need to learn the landlord tenant laws. There are literally only about 6 legal reasons you can use to get a tenant out. You can’t just give them notice.
If you’ve already received the court order for them to get out, and the constable has already posted the notice on her door, I think her stuff is getting thrown out. It’s probably too late for her to appeal.
I seriously suggest that you take your paperwork to an eviction attorney and find out what your standing is.
It doesn’t make any difference whether or not a tenant has kids. There is no effect on the eviction process.
Be sure you stay in touch with the sheriff who served the eviction, and read the eviction notice the tenant received. I think the notice gives the owner the right to change the locks and put all the belongings on the yard after three days. Check it out. Call the sheriff’s office for clarification. Stay within the law!
The tenants went to court today to ask for an extension. The judge denied them, and gave them one week to evict and get out! No more extensions after that.
Now my only concern is making sure they don’t trash the place before they leave. I plan to call the tenant tomorrow and offer some cash when she walks out next week, IF the apartment is broom cleaned.
Section 8 tennant should be able to find a replacement property with no problem. Perhaps she doesn’t know how to do this? Help her apply for a new place - that should speed up the move.
UPDATE: Turns out the tenants went back to court. The judge called the homeowner while they were in court and gave him two options:
Have the tenants evicted in ONE week
Give them a month to stay and something else that I don’t remember.
The owner obviously chose the first one. So they had to be out on a Tuesday by 12pm. And of course, Monday comes and they’re scrambling trying to find a solution.
Tuesday comes, still no solution. They start packing all their things in bags and leaving it on the sidewalk thinking the constable will come at 12pm to lock them out. Turns out that we didn’t schedule a specific lock-out time with the constable, so he didn’t show up on Tuesday. I called him and had him come on Wednesday @ 10:30a.m. By then the tenants were out and long gone.
The apartments of course are filthy. No major damage though, but disgusting.