How soon to sue a tenant for not paying rent?

[jschroeder]

I live in Florida and rent my house in NJ. My tentant called me beginning of July to ask to break lease. I told him I would consider if I could find someone else to rent. I called my agent and she began process to re-rent the house. He has not paid rent for Aug, which was due the 1st. I emailed him to get confirmation of his intent to terminate and I provided NJ real estate law that showed he is obligated to pay until the house was re-rented or his lease expires. He did not respond. Sent certified letter stating that rent was past due and I would file for eviction and pursue legal recourse if the rent was not paid. Questions: how long do I wait until I begin the process of sueing for payment? what can I sue for other than rent and past due fees (such as travel expenses, lost wages since I'm self employed, fees to re-rent the house, legal fees)? do I have to go to NJ in person to file paperwork? should I get a lawyer? should I try to go through small claims court or civil? can you sue multiple times through small claims court? Other info: the house is new, in perfect condition (so he can't claim it was unihabitable) and he has been a reasonably good tenant but has been late on rent two times in past. He just renewed his lease through the end of the year. He is a doctor and definitely has the resources to pay including a practice in which he is a partner. I would greatly appreciate any advise.

[sunlover]

Because of the distance you would best be served by hiring a Lawyer in state of rental. Let the Attorney deal with the eviction etc. When you win the eviction request your legal fees be included in award

[sandyclaus]

Originally Posted by jschroeder I live in Florida and rent my house in NJ. My tentant called me beginning of July to ask to break lease. I told him I would consider if I could find someone else to rent. I called my agent and she began process to re-rent the house. He has not paid rent for Aug, which was due the 1st. I emailed him to get confirmation of his intent to terminate and I provided NJ real estate law that showed he is obligated to pay until the house was re-rented or his lease expires. He did not respond. Sent certified letter stating that rent was past due and I would file for eviction and pursue legal recourse if the rent was not paid. Questions: how long do I wait until I begin the process of sueing for payment? what can I sue for other than rent and past due fees (such as travel expenses, lost wages since I'm self employed, fees to re-rent the house, legal fees)? do I have to go to NJ in person to file paperwork? should I get a lawyer? should I try to go through small claims court or civil? can you sue multiple times through small claims court? Other info: the house is new, in perfect condition (so he can't claim it was unihabitable) and he has been a reasonably good tenant but has been late on rent two times in past. He just renewed his lease through the end of the year. He is a doctor and definitely has the resources to pay including a practice in which he is a partner. I would greatly appreciate any advise.

Why wait? NJ law does not require any notice before evicting a tenant for nonpayment of rent. (See this website:

LSNJLAW - You and the Law in New Jersey)

I'd follow through and file now to get the clock ticking. Especially because of his lucrative employment and resources available for him to pay. If you're even considering having him stay, this would be a great tool to light a fire under him as well, and a point of negotiation for you. If not, you can still hold him liable for the remaining term of the lease until you can find a new tenant to replace him.

Start advertising for a new tenant now as well. Remember that the law requires you to give reasonable notice (usually 24 hours is considered reasonable, preferably in writing) before entering the home and showing it to prospective tenants.

[jschroeder]

Thank you both for the input. I will start looking for a lawyer next week as I don't think he is going to do anything unless he's pushed. He's not living at the house and has given the realtor access at any time but all his belongings are still there. I just don't want this to get into a big, drawn out legal mess.

It is easy to sue for the nonpayment of rent in small claims and some courts will even let you appear by phone if you are far from the court.