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May 25, 2012, 06:41:59 AM

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Real Estate Investing Forums  |  Real Estate Investing  |  Rehabbing, Landlording Forum (Moderators: $Cash$, Bluemoon06, kdhastedt, Mdhaas, motivatedceo)  |  Topic: kicking tenant out « previous next »
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mordy
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« on: January 16, 2007, 03:38:43 PM »

i bought a building, one tenant paying below market rent ,any way to get him out , ??? in n. jersey ,building is corp. owned
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Bluemoon06
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« Reply #1 on: January 16, 2007, 03:45:44 PM »

Yes there is.  What does the lease say?
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jerseylandlord
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« Reply #2 on: January 16, 2007, 03:57:22 PM »

Depending on what the lease states and what the current status is. Also how many units? More facts are necessary to ascertain.



Jeffrey Rincon, Esq.
« Last Edit: January 16, 2007, 05:53:08 PM by kdhastedt » Report to moderator   Logged
mordy
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« Reply #3 on: January 16, 2007, 04:55:38 PM »

thanks, there is no current lease only the old landlords lease which is up , it is a 6 unit building
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jerseylandlord
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« Reply #4 on: January 16, 2007, 05:14:59 PM »

Typically, if a tenants lease has expired you can evict a tenant by giving them notice to vacate with 30 days notice, by giving them a notice of non-renewal. As the general rule is that a month to month lease can be terminated by either party with a months notice. There are some exceptions to this but in general you should be able to get the tenants out. The best idea is to consult with an attorney who has experience with landlord/tenant laws in the township of the property, as there many nuiances which come back to bite if everything is not done correctly.

You can find good NJ real estate attorneys based on customers experiences using GreenBookUSA.com.

Good Luck

Jeffrey Rincon
« Last Edit: January 16, 2007, 05:53:22 PM by kdhastedt » Report to moderator   Logged
propertymanager
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« Reply #5 on: January 16, 2007, 05:27:02 PM »

Mordy,

You didn't say that this was a bad tenant, just that he was paying below market rent.  Instead of trying to kick out your tenant, why not just send then a notice of rent increase.  They will probably either decide to pay the increase or move out voluntarily.  

Good Luck,

Mike
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mordy
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« Reply #6 on: January 16, 2007, 05:37:30 PM »

there is rent control ,and he knows he got a great deal for himself,he is a fighter.
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Frank Chin
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« Reply #7 on: January 17, 2007, 07:15:22 AM »

Our family owns rentals in NYC and San Francisco, both places have rent control, and the laws prevents us from kicking tenants out. I don't know the rent control laws in your area. You would have to study it.

Common sense would dictate that the law would prevent tenants from being kicked out because of rent control because what good is rent control if any landlord can say "you're out because you're rent controlled".

I also recall NJ has a state law protecting tenants from being arbitrarily being evicted.


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propertymanager
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« Reply #8 on: January 17, 2007, 08:56:01 AM »

Socialism in action!  Thank God for Ohio where socialism has yet to arrive!

Mike

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This No-Hype, No-Nonsense Book is a step by step course in making money and building wealth with rental properties!  Everything from buying properties at a discount to dealing with terrible tenants.  Now In Paperback!
kdhastedt
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« Reply #9 on: January 17, 2007, 09:22:48 AM »


It's on its way...Strickland is a Democrat, 1/2 of you Senators are Democrats, 7 of your congressmen are also...

Hold on -- your turn is coming.  At least Ohio is still "Red" on the map!  You may need to move to Wyoming or Montana!

Keith
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propertymanager
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« Reply #10 on: January 17, 2007, 10:14:10 AM »

Keith,

Thank you for your CHEERY assessment!  

The ONLY (and I mean ONLY) good thing about Strickland is that he is pro-gun.

Both of our Senators are Democrats (including the one that is pretending to be a republican).

I wonder how the rentals are in Montana?

Mike
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This No-Hype, No-Nonsense Book is a step by step course in making money and building wealth with rental properties!  Everything from buying properties at a discount to dealing with terrible tenants.  Now In Paperback!
kdhastedt
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« Reply #11 on: January 17, 2007, 12:24:54 PM »


Cold!

Keith
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Real Estate Investing Forums  |  Real Estate Investing  |  Rehabbing, Landlording Forum (Moderators: $Cash$, Bluemoon06, kdhastedt, Mdhaas, motivatedceo)  |  Topic: kicking tenant out « previous next »
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