Tenant shows up without a lease, landlord allows move in with payment of rent, landlord is leary of financial capability and prepares month to month lease, security is to be split in three payments. Tenant refuses to sign lease, constantly accues landlord of absurd things such as furniture theft and assorted other nonsense. Tenant calls police and says landlord enters without permission calls lawyer and says they are moving in 2 weeks tells police same. Landlord prepares notice to vacate, tenant says they are not moving for 45 days and the 2 weeks was a notice they were giving a months notice. This is a brand new home worth over $500,000 what can the landlord do?
Any time a landlord has a problem of this nature it is best to file a summary disposses action in Landlord/Tenant Court. I would feel better about your prospects to win if you had some proof that the tenant said they would vacate at a specific time.
Remember that you can’t get an eviction except for non-payment of rent unless you first serve the tenant with a notice to cease or a notice to quit. Also keep in mind that when a tenant gives notice that they will move and then holds over, the tenant becomes liable to pay double rent. Suits to recover the money must be brought in a separate action in Special Civil Part.
See also: http://info.corbettlaw.net/lawguru.htm
John Corbett
Corbett Law Firm LLC
303 Walnut Ave.
Evesham, NJ 08053-7016