Legal Question in Real Estate Law in New Jersey

Tenant Problems

I have inherited a duplex rental property. The upstairs tenant has not paid rent since May. We got a judgement for non payment of rent against him on 8-12-02 and notified the sheriff's office and were within 24 hours of having him removed. He then filed for chapt 13 bankruptcy which really complicated things. He has yet to make a payment to anyone, and he has broken all of the windows and moved other people into the apt with him. I have hired an attorney and he says that we must take our time before we can go to bankruptcy court. He has also said we will try to get a notice to quit on the property destruction thing. I believe he is a crackhead and would jump at a chance for some money. Is there a legal document that could be drafted that I could get him to sign, that would give me back the rights to his apt?


Asked on 9/16/02, 11:42 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Tenant Problems

The filing of the bankruptcy forestalls any civil cases from being filed while the bankruptcy court has jurisdiction. You must file for possession with the bankruptcy court, separate and apart from the damage claim. I suggest you get a bankruptcy attorney to file the possession claim promptly, so you do not lose any more time. You have the rent claim from court already, so it can be filed with the bankruptcy court as a securred claim (I believe), so all that need be added is the subsequent damage claim.

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Answered on 9/17/02, 11:55 am


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