Legal Question in Landlord & Tenant Law in New Jersey
I, the landlord raised the rent of my month to month tenant on April 2013 from 1300 to 1400. I sent a a two month notice but not certified. Then in December I sent her a 60 day notice to increase her rent from 1400 to 1500. Is this reasonable for a landlord who lives in the 3 family building. She still pays 1400 per month and said that it is not legal to raise the rent so much. I am now taking her to court for a non payment of rent. I also sent her a 60 day notice to leave the premises. This was after she refuses to pay the rent increase and that she has been late many times before. Can I evict her for non payment of rent. The tenant claims that I don't live there because she never sees me. I'm there every 6 weeks because I work two full time jobs and go out of the country for business. The tenant has also been calling me and texting me to change her air filter, light bulb, etc. It is in her lease for her to do this.
2 Answers from Attorneys
There are several questions here. First unless the lease provides otherwise notices under the lease must be served by hand or by certified and first class mail. To the extent the tenant is paying $1400.00 now, that is fine.
The $1500.00 rent level may present a problem. Assuming your community is not rent controlled, the Court will look to see if the increase is unconscionable. I do not know the local market and conditions, nor do I know what your expenses are or the last rent increase before April. These things will go into that calculation.
Your residence in the building only goes towards the applicability of New Jersey's anti eviction act. If you live in the building, it does not apply. The Court's determination will be a factual determination. Assuming it does apply you must be able to show a statutory reason to evict the tenant.. It appears it does not. If it does not you can evict for any reason or no reason. You must use the Court process, however. Self help evictions are illegal an expose you to civil and criminal liability.
Habitual late payment of the rent is a basis to evict but it is a cumbersome method. A series of notices must sent. I would advise you retain counsel to handle this.
Living there part time constitutes owner occupied and the tenant is not a protected resident. Your rent increases are fine and if the tenant does not pay you can evict.
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