I am trying attempting to evict tenants before selling the 2-family house that I live in.

I am the owner of a "2-family owner occupied house". I currently have horrible tenants. I don't have any leases with them. The person that wants to buy the house doesn't want those tenants there. This house would be a rental property for them. They are not planning to live there. 

I gave the tenants a 30 day notice stating that they have to leave because the house is in process of being sold and the new potential owners want the house vacant. We are waiting for our court date. 

My Question: Does it hold more weight in court if our contract says that the owner is committing to deliver the house vacant for the sale of the house and that is why we need the judgement for eviction? 
  • December 07 2013 - Hillside
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Answers (10)

The link Wetdawgs added is something you should print and keep.  I see you're a property manager and likely still early in the business.  I suggest you find a good property attorney, well versed in tenant/landlord matters.  This should be part of your team to handle leases reviews, evictions and the like.  This will keep you sleeping at night and give you more time to do management and acquisition.
  • December 08 2013
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Landlord Tenant matter in the State of New Jersey see the following:

http://www.judiciary.state.nj.us/essex/civil/landten.htm

Regards,
  • December 08 2013
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When you say they are horrible...you need to state why. Giving 30 days to someone to move around the holidays is tough for most people but what is the exact problem with them? You'll need to state to the judge why they need to go. Many have suggested a Real Estate attorney who specialized in Landlord tenant relations. This will be the best way for you to go. He/She will give you your options based on a correct evaluation of the situation...we cannot because  we do not know the renters side.  It will hold no weight in court to say you are commited to deliver vacant...I am surprised any agent or attorney would let you enter into a contract with that specific performance without having an agreement in place from your renters. Your contract will not perform and be invalidated unless you can get them to move or the new buyer amends their wishes.
Speak to an attorney ASAP...that is the best advice.
Good Luck,
Suzanne DeTurris
Keller WIliams West Monmouth
RE/Max Metro NYC
  • December 08 2013
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So sorry to hear of your situation. I've been there. I don't think that a judge would carry much weight to what the buyer of your house wants. I think the greater value is that you currently live in the home and have more rights as an owner occupant of a two family.

I'll second Rebecca's comment to Document Everything as well as hire a Real Estate Attorney who specializes in landlord/tenant law and is used to taking on such cases. You may be able to reduce your attorney fees if you are willing to do some of the leg work/paperwork submission.

 Each state has different landlord/tenant laws. I live in an area in which tenants are highly protected and it's hard to evict a tenant. Once again, the fact that you are an owner occupant probably gives great value to the eviction process  given that you have more rights in landlord/tenant situation.

Good luck!
Laura

  • December 08 2013
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Document EVERYTHING in writing if you can and call an attorney who specializes in this type of case.

  • December 08 2013
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Some States and Cities have strong tenants rights laws and regulations. Your best bet, get an experienced tenant & real estate savvy attorney. If you are a member of a real estate investment group, contact them for a couple of attorney names. Call them and do a phone interview. Hire one. Discuss the situation with your attorney and FOLLOW THE ADVISE.
  • December 08 2013
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How 'horrible' are your tenants? Have they violated any agreement or missed any payment? You should talk to an attorney because your tenants can go after you if they think that you are violating their rights as tenants.
  • December 08 2013
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Did you ever have a lease? Why is the tenant now month to month? Are they section 8? You should follow the advice from Wetdawgs and talk with a real estate Attorney! Regards,
  • December 07 2013
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Get an attorney who specializes in TENANT / LANDLORD issues, and he will advise. I wouldnt go with suggestions from this ADVICE forum....
  • December 07 2013
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Please talk with your attorney.  Saying you are selling carries no weight in the eviction process.    In fact, in most states selling is not a sufficient reason to end tenancy, especially if the new owner does not intend to make the property their primary residence.

Please pull up your state's landlord tenant guide.   Have you followed the legal process for ending their month to month tenancy?     Then and only then can you start the eviction process.    Here's a list of reasons one can evict in NJ. 

  • December 07 2013
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