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Bergen County NJ - Month to Month Lease and tenant holdover. What to expect?
Anonymous4 views3 answers
I'm a landlord in NJ and occupy the 1st floor of a two family residence. The 2nd floor residence is occupied by my tenant. She is a single parent and is on a verbal month to
month lease with me. I informally asked her to leave her residence and provided 30
days notice to leave the apartment. She claims that she couldn't find
an apartment and has nowhere to go. She likes living in her apartment and doesn't want
to leave. I explained that I need to remodel the apartment and need to take possession
of the unit for my children who share a room together and it's not good for them to share a room at this point. I provided a formal 30 day notice to vacate and demand for possession. After 30 days, she's still there and I have a court date coming up. What can I expect from a Bergen County Judge?
Did you serve the Notice to Quit? The court may grant an extension as I stated on a previous post it may be 60 days which brings you to the holidays and then there may be another extension for 30 days.
In this circumstance you need to give your tenant 1 month notice. If she does not move start an eviction action. Between filing the action and the lock out you are looking at 2-3 months. The court may also grant a hardship stay of up to six months
First and foremost, you must look at the law differently as you are a owner occupied dwelling. Many statutes and regulations do not apply to owner occupied dwellings. As for everything else, you are required to give your tenants notice to vacate pursuant to Section 2A:18-53a of the New Jersey Statutes informing them the term of their tenancy has come to an end and you want them out. If they do not comply and you gave proper notice of holdover, they may be liable to double the rent for every month they remain in your apartment during said holdover period.
