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Hello there!JA: Hi. How can I...

Resolved • Response time 1 minute

29 Jun 2022

Hello there!
JA: Hi. How can I help?
Customer: My brother and have tenants that have continuously missed rental payments. They are currently on a month-to-month lease agreement. We want next month (July) to be the final month they’re here. Our objective is to have them: A. Successfully pay the month’s rent in full for this upcoming July. & B. Have them leave the premises before the 1st of August. What would be the best way to legally ensure this happens (besides going through an official eviction process)? Perhaps the the best way to ensure these two objectives would be to have them sign a lease termination agreement before the 1st of July? Does having them pay in July prevent us from having them legally leave the unit before the 1st of August?
JA: Some laws are different depending where you are, so could you clarify what state your brother is in?
Customer: My brother and I* We live in NJ
JA: Thanks for all these details. What steps have you taken so far?
Customer: We just had a sit down with them to chat things over. We did not agree on anything official but would like to present them with something official now to ensure the process goes as smoothly as possible.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: YEs I have two other questiions:
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29 Jun 2022

Ask your own question
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney ready to answer your questions with top-quality service. Just a few quick things before we get started:

  • I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. However, we can get this resolved quickly;
  • I will respond as quickly as I can, but there may be an occasional delay. With that said...

If they have a history of missed payments, are you confident they will pay July?

29 Jun 2022
Customer reply
29 Jun 2022
I'm not too confident they will pay. I had a sit down chat with them and they mentioned that they will surely pay the last month's rent (in three separate payments throughout the month), but history tells me they might have issues paying.
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Understood! Are they still behind any months rent at all?

29 Jun 2022
Customer reply
29 Jun 2022
No they are all caught up thanks to rental assistance helping them to pay for the last several payments that they've missed. Basically, it was back pay for months they owed us AND payments covering them for multiple months after.
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Ok, thanks! Did the rental assistance organization require that you let them stay for X number of months at all?

29 Jun 2022
Customer reply
29 Jun 2022
One second. I will quickly verify that with my brother. He was the one working closely with the rental assistance folks.
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Ok.

29 Jun 2022
Customer reply
29 Jun 2022
Ok they required that our tenants stay at the property for six months. This month (June) ends that six month coverage. Come July, the program will no longer cover them it's up to the tenants to pay.
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Understood! So you're just wondering what it is you can do here, correct?

29 Jun 2022
Customer reply
29 Jun 2022
Correct! We want to ensure they pay the month of July in full and have them leave before August 1st.... We'd like to know out options to best handle this legally. One thought was having them agree to a lease termination agreement before July 1st stating July will be their last month renting and the lease would terminate before then.
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

One moment...

29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Ok, thanks! So there is no way to guarantee they pay July. They either pay it, or they don't.

If they don't, issue a 14-day notice for them to pay rent or quit. NJ law doesn't specify how long to give them, so follow NY's lead on this and give a 14-day notice. This way, if they don't pay you have to take them to housing court.

You should also issue a 30-day notice to vacate.

This means even if they pay or find a way to pay, you can still order them out by July 31.

You can click below for a template: https://www.etsy.com/listing/675303601/30-day-notice-to-vacate?ref=listings_manager_grid

If the person does not leave, the law allows you to seek a court-ordered eviction. This process takes about 10-14 days from the day you file and the constable in your county can help come evict the tenant.

Please let me know if this has answered your question fully. My goal is to ensure you’re satisfied with my service completely. Feel free to return here with additional questions or comments if you need more information, and thank you sincerely ***** ***** question and for using Just Answer as your source for legal information.


29 Jun 2022
Customer reply
29 Jun 2022
Great! Thanks for the detailed answer on that. One thought my brother had was to also let them know there will be an increase in rent come August and to have them sign documentation that they agree to pay this hire rental price if they want to stay (which we really don't think they will be able to afford). Could this be another helpful route to legally take?
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Sure! Yes, you can also let them know the rent is going up in August as well. The law has no rent controls, so you can make it as expensive as you want.

Did you have any other questions for me about this? Was there anything else I can clarify for you?

29 Jun 2022
Customer reply
29 Jun 2022
actually. In regards ***** *****: "So there is no way to guarantee they pay July. They either pay it, or they don't.If they don't, issue a 14-day notice for them to pay rent or quit. NJ law doesn't specify how long to give them, so follow NY's lead on this and give a 14-day notice. This way, if they don't pay you have to take them to housing court." Can we ask them to pay the last months in installments (maybe have the first payment be July 10th for example) and issue them the 14-day notice is they miss one of these installment payments? Or, would we have to wait till the end of the month to collect the rent payment before enforcing this?
29 Jun 2022
Customer reply
29 Jun 2022
if they miss one of these payments?*
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Sure!

1. Yes, you can ask or it in installments. you can't demand it because you need at least a 30-day notice to make a change like that;

2. My recommendation, if you want them out, is to demand the money on the 1st, and stay open to them paying something later, but giving them a firm deadline. Then give a 14-day notice if they miss it. Give the 30-day notice regardless.

29 Jun 2022
Customer reply
29 Jun 2022
Ok thanks! One last thing I wanted to ask you about...
29 Jun 2022
Customer reply
29 Jun 2022
Is there a legal way to have our kitchen renovated while our tenants are still renting the unit for this last month of July? Perhaps we can draft up and have them sign a document stating they’re OK with living there while the renovation is taking place? Also, the document can state we (the landlords), and or the the people doing the construction work, cannot be held liable for any health hazards that may occur as a result of the renovation work?
29 Jun 2022
Customer reply
29 Jun 2022
They already seemed Ok with this but wanted to make sure we are not held responsible for any complaints or health hazards
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Sure!

1. Yes, you can have it renovated; however, the law limits you from interrupting their "quiet enjoyment." So you just have to be careful;

2. You don't need their consent, but if it's an intrusion like this, you have to limit how often they come. It's risky, but you could do it;

3. You can ask them to waive their rights on this, but I have to recommend waiting until they leave to do this.

29 Jun 2022
Customer reply
29 Jun 2022
Ok thanks!
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Excellent! Did you have any other questions for me today?

29 Jun 2022
Customer reply
29 Jun 2022
By the way... you didn't mention anything about a lead termination agreement... what documents should we have them sign in preparation for July being their final month?
29 Jun 2022
Customer reply
29 Jun 2022
Lease termination agreement*
29 Jun 2022
Customer reply
29 Jun 2022
The document you shared addresses if they fail to pay but... I'd like to make sure we give them the proper documents to ensure July is their last month.
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

One moment....

29 Jun 2022
Customer reply
29 Jun 2022
Thanks! And in case it helps, they have been using a month to month up until now.
29 Jun 2022
Customer reply
29 Jun 2022
month to month lease agreement
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Ok, thanks!

1. You don't need any documents for it to being their final month. You said they were on a "month-to-month lease agreement," which is a little confusing for me, but if you issue a 30-day notice that their tenancy is not being renewed, that is going to be best;

2. You should also be prepared to issue the 14-day notice if they don't pay.

Does that make sense?

29 Jun 2022
Customer reply
29 Jun 2022
Is there any date we should grant them the 30 day notice by?
29 Jun 2022
Customer reply
29 Jun 2022
Any deadline we should be aware of... like should we make sure to grant them that by any specific time of the month? Perhaps before July starts even?
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle
Attorney

Thanks!

1. So my recommendation is to explain that 7/31 is the last day they are allowed on the property;

2. 30-days is the minimum. You could issue it tonight and tell them 7/31 is still the last day.

29 Jun 2022
Customer reply
29 Jun 2022
Awesome! That answers all my questions.
29 Jun 2022
Customer reply
29 Jun 2022
Thank you!!
29 Jun 2022
Lawyer's response
29 Jun 2022
Legal Eagle
Legal Eagle

You bet! Thank you for trusting JustAnswer with your question. PLEASE USE YOUR MEMBERSHIP! On top of lawyers, you have access to thousands of experts including:

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Legal Eagle
Legal Eagle
Attorney
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29 Jun 2022
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