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How to make EX move out of my condo so I can do deed-in-lieu

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Latest post Tue, Nov 29 2016 2:40 PM by Drew. 11 replies.
  • Mon, Nov 28 2016 12:33 PM

    • condodrama
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    How to make EX move out of my condo so I can do deed-in-lieu

    I have owned a condo for about 10 years. It has been in pre-foreclosure for about 4 of them. My ex lived there with me but he did not pay  me rent. We moved out together to a rented house and left the condo vacant for about 8 months. I left him last December and he moved back to the condo and I rented a place closer to work that was safer for my child etc. He never paid rent and kept saying he would move out to his own place. He has not paid utilities or anything. I plan to file bankruptcy after the foreclosure (because the condo fee will accrue until the title is in banks name) , but now the bank has agreed to a deed in lieu, but I need him out for it to go through. We do not get along and he is viscious and bitter (I got primary custody). The utitlities were shut off at the end of the summer for non payment (I called today and verified this). The utilities said there is no service active at the address and no consumption. He never put them in his name. He does not have a lease for the property. Somehow he is living there and has electric and water (my 5 year old stays with him there every other weekend so I guess he is stealing it). Today I let the utilities know that I am not there but someone may be living there. I am afaid of him.

    I need him out because the bank wants it empty and broom clean. What steps should I take first? Can I just go file eviction papers? (this assuming he won't leave until he is locked out---I think he might have changed the locks and I may not have a key). Does he have any rights? Do I have to send him any letters before I file? I cannot afford an attorney at all. He will have a fit when I tell him he has to be out. He will try to use our child against me.

    Advice on how to get him out with the least expense would be very appreciated. The condo is in NJ

  • Mon, Nov 28 2016 2:00 PM In reply to

    • Drew
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    Re: How to make EX move out of my condo so I can do deed-in-lieu

    IF he looks like or smells like a tenant then he has a big pile of rights in NJ and you may be stuck to do an eviction by the rule book...sure to be slow .  It's likely your burden to prove he is a non tenant ....and those cards are not in your favor...not in NJ .....

     

    You need to be careful not to lock a tenant out or cut off utilities ....but I would go out and physically inspect as to just how he is getting utility service...and if he is jumping a meter  or whatever you miIght  report same to appropriate utility .

    Often it's a violation of code to occupy a unit wo water ...connect the dots and have local codes toss him?  And theft of utility services is theft ! 

     

     

     



  • Mon, Nov 28 2016 2:17 PM In reply to

    • Drew
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    Re: How to make EX move out of my condo so I can do deed-in-lieu

    The terms ..tenant...and landlord are not defined as such in NJ LT law....they sort of come down by common law ...I would NOT put much of anything in writing to EX to get out ...if there is a grey area of his not being a tenant younare likely to shoot yourself in the foot with wrong words which acknowlwdge tenant status !  Get it right ..and or use counsel .

    BTW , if EX has a short fuse this may be one place to let him play that card...( with a witness ! ) in NJ iif a tenant threatens a LL that opens a door to,a 3 day unconditional eviction notice ...look it up ......

     



  • Mon, Nov 28 2016 2:18 PM In reply to

    • Drew
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    Re: How to make EX move out of my condo so I can do deed-in-lieu

    PS NJ is a one party consent state as to recordings ..



  • Mon, Nov 28 2016 3:33 PM In reply to

    • condodrama
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    Re: How to make EX move out of my condo so I can do deed-in-...

    Hopefully the utility does the work here...they shut off utilities for non payment. It was months before they finally sent shut off notices. The first time he made one payment toward the over due electric (about 1/4 the outstanding amount) but when no payment was made the next month they eventually sent shut off notice and he never said anything and I didn't ask. I was surprised but figured maybe he borrowed $ to make payment. He couldn't get untility in his name without a lease so he had to pay the overdue, but didn't.

    Good point not to call him a tenant or treat him like one. He is just an ex who is living there because I didn't make him move...Not sure if it is better to call him a squatter.

    But I have to tell him to leave somehow....I'm going to the courthouse tomorrow to see what they can tell me.

    I really hope he is stealing the utilities, he is sneaky enough to do it.

  • Mon, Nov 28 2016 3:36 PM In reply to

    • condodrama
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    Re: How to make EX move out of my condo so I can do deed-in-...

    Hmmm, another thought Drew. So are you suggesting that even if the water company doesn't investigate the theft of water...that I could tell the township that the utilities are shut off but someone is living there....I wonder if I could do that anonymously....My friend and I are going to drive by tomorrow. I think he finally got a job after 7 months unemployed so he won't be there.

  • Tue, Nov 29 2016 6:44 AM In reply to

    • Drew
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    Re: How to make EX move out of my condo so I can do deed-in-...

    I think you need to be 10X more attentive to getting there inside your own unit and figuring out factually what is going on ........

    Neither the electric or water utility is going to do your homework for you 

    And the township could dump the legal burden back in your lap as to a dwelling unit wo water or power ....a daily fine could be in the cards were you in PA and NJ is even more pro  tenant . 

    It's not hard to bypass an electric meter and water meters require only a tad more skills ..and it may be easy to get service via a simple misrepresentation of status or forgery .......but right now you are flying blind ! 

     

     

     



  • Tue, Nov 29 2016 6:50 AM In reply to

    • Drew
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    Re: How to make EX move out of my condo so I can do deed-in-...

    And the way you describe utilities , his occupancy , and non payment ....if you were to appear on my side of the Delaware before one of our pro tenant judges...all the bad news would likely come down on your side of line . 

     

     



  • Tue, Nov 29 2016 7:19 AM In reply to

    • Drew
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    Re: How to make EX move out of my condo so I can do deed-in-...

    In the wacky tenant friendly world your very unwise acquiescence to his his presence in your condo might well be twisted into an oral lease ! 



  • Tue, Nov 29 2016 11:19 AM In reply to

    Re: How to make EX move out of my condo so I can do deed-in-lieu

    I have some questions, and I'll apologize in advance if you answered any of them elsewhere in this thread.

     

    condodrama:
    I have owned a condo for about 10 years. It has been in pre-foreclosure for about 4 of them. My ex lived there with me but he did not pay  me rent. We moved out together to a rented house and left the condo vacant for about 8 months. I left him last December and he moved back to the condo

    Your ex-what?  Ex-husband?  Ex-boyfriend?  Sounds like the latter, except for your comment about you getting "primary custody," which I guess only really implies that he's the father of the child you mentioned, but it would be helpful if you'd clarify this.  I assume the condo is solely in your name.  Correct?

     

    condodrama:
    I need him out because the bank wants it empty and broom clean. What steps should I take first?

    On the assumption that title is solely in your name, you need to serve an eviction notice and file an eviction lawsuit.  You can google "new jersey eviction process" and get a wealth of information (you can also probably get forms from the court's web site or court clerk's office), but you'd be far better off simply hiring an attorney who handles eviction cases.

  • Tue, Nov 29 2016 2:06 PM In reply to

    • condodrama
      Consumer
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    • NJ
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    Re: How to make EX move out of my condo so I can do deed-in-...

    @ca19lawyer2,

    He is ex-boyfriend. We have a 5 year old who he has every other weekend.

    The condo is solely in my name and I am trying to clear it out to turn it over to the bank. (it is severely underwater)

    Went to the County Court today and obtained Writ of Possession paperwork and hope that applies. I called a bankrupcty laywer today through my legal HELP plan from work and hopefully when I see him about the bankruptcy he can give me a little advice on the paperwork, but he doesn't "do" that. Not sure if the plan covers this problem with the condo or not, but I will look into it more. I don't have $ for a lawyer as I had to scrape up all I could for the custody case.

    Your advice is appreciated. My ex can be unstable, for example he texted me 400 times in less than a week when he found out my daughter had met my boyfriend (who I'd been seeing for over 6 months...)

  • Tue, Nov 29 2016 2:40 PM In reply to

    • Drew
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    • Joined on Thu, Mar 30 2000
    • PA
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    Re: How to make EX move out of my condo so I can do deed-in-...

    The odds are you have created a tenent ...and the need for full eviction drill...unwise to count on getting it right absent a lawyer who does eviction work. 

    You seem far short of facts about water and electric ....get them!  Theft of services IF that is what he is doing is no laughing matter .......but do NOT make threats about reporting him to law enforcement authorities unless he gets out ...you can make reports....but a threat may cross the line into a form of extortion...don't go there...leave that stuff to pros . 

    400 texts does not make him unstable ...but the contents might be interesting IF threats were made to harm you ...threats of harm to LL gets a quicker eviction route option ...but use counsel ...

    HInt...check it out ...odds are NJ law allows you access to own unit in emergency to check ..for say water leaks  or electrical problems !! 



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