Elizabeth, NJ asked in Landlord - Tenant and Real Estate Law for New Jersey

Q: I have two tenants I wish to evict but don’t know how to go about it due to Covid and Phil Murphy’s Moratorium A-3859

I purchased a 2 family Feb 18th 2020. 60 day notice was given accordingly. We moved on April 1st and found there to be a guy who had been renting a room from the former tenant unbeknownst to us. Called the police but due to covid, we were told that he legally had a right to stay. With two young daughters, we told them that wasn’t an option and with no other option, we gave him our finished attic.

About the finished attic. It is part of the second floor duplex. On its own, it would be considered an illegal unit. The folks who lived there paid rent with the second floor but cut out once the first floor tenants left. It has HVAC, full kitchen, 2 bedrooms and full bathroom.

About the 2nd floor tenants, I served them 60 day notice to end their tenancy since they were month to month and expressed that they couldn’t afford a rental increase (they paid hundreds below market under the former owner and I need market to afford mortgage). COVID happened and we could not enforce

1 Lawyer Answer
Derek John Soltis
Derek John Soltis
Answered
  • Landlord Tenant Lawyer
  • Jersey City, NJ

A: You can file the paperwork with the county for eviction, and get in line for when the courts start hearing cases.

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