Legal Question in Landlord & Tenant Law in New Jersey
How do I get a tenant out if I have a failed septic system?
I have a house with an apartment upstairs that I rent month-to-month to a couple. My son and I live downstairs. My septic tank unfortunately has failed due to old age not negligence. We are unable to use water in the house without it backing up into the house. I have had a series of plumbers to the house trying to fix or restore the system to no avail. I am now in the slow and expensive process of having it replaced. I have been very open and honest with the tenant during this process and told him he should move on verbally. He was late paying rent before the issues began and has not paid for last or this month which I would even be willing to waive if he left. When I told him the system was going to have to be replaced, he became hostile and said this house is uninhabitable but refuses to leave. The timing of the septic replacement is in control of the engineers, township permit approval and work being completed which could take weeks at best. What is my best course of action in proceeding? I really just want him out at this point.
1 Answer from Attorneys
If the tenant is month-to-month you can serve a 1 month Notice to Quit with Demand for Possession terminating the tenancy pursuant to NJSA 2A:18-53.