Tenant did not pay rent for the last 2 months, should i put a 10 day notice to pay rent or quit on their door and let them know?

Asked over 1 year ago - Clifton, NJ

We dotn want to go file for eviction for them, parents are too old for this and i work full time and also go to school full time. What are my alternatives here?. They always have an a excuse on why they dont have money that got to a point that they cant pay their electricity bill. They dont have power at this moment, i dont know what to do AND AROUND HOW MUCH WILL A LAWYER COST ME?

Attorney answers (5)

  1. Michael T Millar

    Pro

    Contributor Level 19

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    Answered . If you are going to evict for non-payment of rent, you do not need to provide prior notice.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  2. Steven Todd Keppler

    Contributor Level 14

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    Answered . Frankly, you need to hire an attorney. The cost of hiring an attorney is bound to be less than a tenant who isn't paying rent for months on end, thereby taking an income-generating property and turning it into a red entry in your ledger.

    As far as costs go, obtaining a good-cause removal of a tenant isn't terribly difficult to do, it's a fairly straightforward motion and notice with a hearing. If the tenant has defenses, a Marini hearing may be granted (if he can put all rent due on deposit with the court).

    If you're not a corporation, you can file a summary dispossession motion on your own without an attorney. If you are, you need an attorney.

    The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client... more
  3. Matthew R Schutz

    Contributor Level 16

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    Answered . The fact that they always have an excuse why they can't pay does not relieve the tenants of their obligation to pay rent. The simple fact of the matter is that either the rent is unaffordable for them or they are playing your family. Either way you need to do something. There is an old saying that the quickest way to the head is a smack on the bottom. It has worked with several LL's I have represented, including my own tenant. You need to file an eviction action. That will either set their mind right or get them out. Which ever route the tenants take, it is preferable to housing late/nonpaying tenants.

    I do not want to discuss fees in an open forum such as this. If you would like I do give a free consultation. Call (908) 391 5399

  4. Richard Christoph Colloca

    Contributor Level 5

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    Answered . I agree, you should consult with an attorney. If you allow this situation to continue, and the excuses to continue, two months will turn into three and then four and so on. There is no notice required for an eviction proceeding based on non-payment of rent. This is a fairly standard process. It will send a message to the tenant that you are serious. Keep in mind, from when a complaint is filed, it is normally about a month before the matter will be set down for a court date. Many tenants know this and use it to their advantage to remain in the property for additional time without paying rent. You should consider taking action sooner rather than later.

    If you would like a consultation, feel free to contact my office at 973-287-7700.

  5. Sandra A Joseph

    Contributor Level 12

    Answered . You can hlep your parents file for eviction and then go to court with them. An attorney will cost around $1000. You do not have any alternatives. In NJ you do not need a Notice to Quit for a non-payment proceeding. Go to NJcourtsonline (something like that) the forms are there. It costs $25 to file. Once the tenants receive the summons they may come up with the money. It will be 3 weeks before the court date. If your parents accept any rent you will have to start over again. A mediator will try to work out a deal. Your parents do NOT have to stip to a payment plan. If your parents do not stip the tenants will have until 4PM to come up with the money. It will be around 2 weeks until the sheriff comes and locks out the tenants. If you continue to let the tenants live there with out filing the summons and complaint the arrears will continue to grow. So your choices are pay an attorney upwards of $1000 or do it yourselves for around $25. It is not that time consuming.

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