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  1. #1
    joetta545 Guest

    Angry How do I get back rent owed to me

    What is the name of your state? new jersey.
    i have a tenant who has not paid rent since i purchased the property, aug. 30, 2002. i sent a notice to evict in oct, they got a ltr to appear in court, they came but did not have any money with them, only promises, so we filed a default to evict on dec.9, on dec 6th, we rec'd a ltr to appear in crt on dec. 16th. a judge in the civil action crt stopped the eviction. the tenants now want me to give them until the 21st of dec. to move out. i am sure they are trying to pull a fast one. again. my question to you is, when i go to crt on monday the 16th, can i refuse to allow these tenants an additional stay at my property and go with the initial evictions.(the clerk at the sheriff's wants me to call after the crt session is over, she said she can have someone to lock the doors on wed. the 18th) then tell the tenants when they pay the back rent, i will give them their possessions, or they will have to move out before the 18th. Is this legal? if not, how do i get the rent owed me? once they are out of my house, i probably won't ever hear from them again.
  2. #2
    aahlee Guest
    well you got what you paid for, by being a CHEAPSKATE and not offering them money to move, when you bought the house in august,they turned around and stuck it to you good.

    why didnt you buy the house only when it was presented to you at the closing, vacant?
  3. #3
    JETX is offline Senior Member
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    Ignore Aahlee. He is just an stupid, ignorant forum troll.

    Joetta: it appears that with the numerous delays and tactics, you should get an attorney to help you force these deadbeats out of your property. And be sure to get the unpaid rent included in your judgment. You may never collect it, but at least you can request it in the same suit.
  4. #4
    joetta545 Guest
    Can I still order the eviction to take place before the 21st of dec.
  5. #5
    JETX is offline Senior Member
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    From your post, it looks like the tenant is 'controlling' this situation and you have lost control. That is one of the reasons that I suggested you get an attorney to help you.

    The schedule for an eviction is really not yours to set.... the court will set the date for their move-out.... usually 10 days or so after the hearing and judgment.
  6. #6
    aahlee Guest
    she could have saved herself a couple of thous by offering them money to move, but what the heck, you have plenty of money to burn, and guess what

    Lawyers are tax deductable...yeah spend spend spend to evict a deadbeat.
  7. #7
    joetta545 Guest
    Halket, it's kind of late to get an atty at this close date. I had seeked out an atty in oct, actually the 3 i spoke to said i could do this on my own, i filed, got the non-payment of rent order, the eviction was set but it was oveturned by the tenant's (defendent) order to show cause to stay an additional 6 days, I want them out now, so couldn't i (plaintiff) refuse this order since they did not mention paying back rent.

    I should have some rights as landlord to get money owed to me
  8. #8
    FarmerJ is offline Senior Member
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    Jo there is no reason for you to voluntarily agree to any extra time , You will have to let the court do its job and what ever they allow , go for it . Now when all is said and done start calling judgment collectors, bill collection services and find out if they can collect this for you .
  9. #9
    aahlee Guest
    I should have some rights as landlord to get money owed to me
    ----------------------

    This is why you needed a lawyer.

    In NY & NJ you have a choice you could file for non payment and the tenant has the upper hand becuase a judge wll allow a tenant to delay the proceedings to get a lawyer , makepayment arraignments etc...

    BUT you a landlord could have just filed for POSESSION of the apartment ...and EAT the loss of rent, whith no money involved the tenant has no defenses.
  10. #10
    abezon is offline Senior Member
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    The tenants have asked you to appear in court & sho cause why they should not get an extra 6 days. So, show up an say "They've had 3 months and haven't paid a dime in rent. They sure as heck shouldn't get any more free rent. Letting them delay the eviction AGAIN works a hardship on me, because it will give me less time to repair the house before showing it to prospective new tenants, since I can't show the place until it's cleaned up. These people caused lots of damage and I need the earlier move out date so I can have the damages repaired before Jan 1 for new tenants." Bring pictures if you have them.
    This post does not constitute legal advice, nor does it create an attorney-client relationship. Postings are based only on the information provided and you should consult an attorney in your area before relying on information contained in this post.
  11. #11
    joetta545 Guest
    to all that responded to my post, thank you and tomorrow, dec. 16th, will be the test and i will be back to let you know exactly what happened.

    Jo
  12. #12
    joetta545 Guest
    abezon, your response makes me feel more confident, i have pictures and i will bring them along with me. talk to you soon, look for an update to my post tomorrow.
  13. #13
    joetta545 Guest
    FarmerJ, i don't have the tenants new address and i don't think i will get it at this point. i don't even have the ss#, but if i ever get it i will definitely sue for back rent. I was hoping to get whats owed me while they are still in my house. thanks, and look for an update to this post tomorrow
  14. #14
    joetta545 Guest
    Well, the court ruled a stay for the tenants (order for orderly removal) til 9:00am on dec.23rd. We immediately filed a civil action suit against the tenant before we left the courthouse.
    Thanks again to all for your advise and comments.

    Jo

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