Blog Post

Should You Evict Now?

Anthony Marin • Dec 14, 2020

Do I file for eviction in the midst of a Pandemic? -

What do I do with my non paying tenants while courts are closed?


The question I've received the most over the past 3-4 months from property management clients and multifamily investors in New Jersey is, Should i file for eviction now?  Owners and managers should really think about this before making an impulsive decision.  Filing an eviction now will get you in front of a judge sooner but you should consider all alternatives before you decide to file for eviction.


We've been advising our clients not to file yet because the only strategy that has had some success with non paying tenants over the past few months is cash for keys.  We've asked all the tenants that are significantly behind on their rent (and have been communicating with us) to vacate the apartment and we would waive the rent they owe and in some cases give them some cash to assist with their moving expenses.  We understand that is a tough decision for them but getting the rent relief and finding an apartment at a lower cost can really benefit them.  We've also noticed that tenants are much more receptive to this option now as their balances are getting higher.  This is a tough decision for landlords and owners as well.  Sometimes it's best to cut your losses and get a paying tenant.


Filing an eviction now will remove your ability to give tenants the cash for keys option.  Once the eviction is on their record, no landlord or manager will rent an apartment to them.  This option is for tenants that have been communicating and are struggling to pay their current rent.  To be clear, if you haven't heard from a tenant in several months then you should file for eviction immediately.

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