Dubiln Packard

eviction

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What to do if you can’t pay rent because of coronavirus job loss

The first of the month is coming and you can’t pay rent because of coronavirus loss of job or income. What to do?

Last night, both the House and Senate passed a multi-faceted bail-out package. The package offers relief for homeowners, checks to some tax-payers, but not much for renters.

New Jersey’s Governor Phil Murphy put temporary moratoriums on evictions. The landlord is barred from evicting you while the moratorium is in effect. But, there is no relief for the rent payment that is due. What is going to happen when the moratorium has been lifted and you missed two rent payments?

What is going to happen right now if you miss a payment? Sure, the landlord can’t evict you, but what about the rental payment owed?

First, your landlord, under the Federal bail-out package that was just passed, may be able to seek some relief from his/her mortgage company. If a tenant can’t pay the rent, the landlord may be able to skip a mortgage payment.

Second, if it comes to landlord/tenant court and a landlord is looking to collect back rent, I would expect, at least in the immediate future, that Judges will encourage landlords to make long-term payment arrangements that allow tenants, once re-employed, to pay back-rent over time.

So, what should you do right now?

  • Be proactive and contact your landlord in advance to let he/she know you have lost your job. Discuss a plan to skip a payment now and offer a solution for how to catch-up later (see a sample letter you can use below).
  • If you can’t work this out on your own, or, the landlord is not being cooperative, contact my office for help.

UPDATE: Use this letter we drafted to contact your landlord.

Get the letter here

If you can’t pay rent because of coronavirus job loss and you need help, call our office.

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When Do I Have To Move After A Sheriff Sale in New Jersey?

eviction notice after sheriff saleIf your home has been sold or is about to be sold, you must move – but read on.

You will have to move after a Sheriff Sale.  When the time finally comes after you have tried everything you could try to save your home and your home is sold at a Sheriff Sale in New Jersey, the home is no longer yours and its time to think about moving. The ownership interest in the home is actually transferred by the Sheriff to the new buyer and you are required to move out of your home right away. But, there are still a couple of last minute strategies you might want to consider to stay in your home a little longer.

You Have 10 More Days.

There is a slight delay, though, after the sale.  In New Jersey, there is something known as a 10-day right of redemption for the home owner.  This gives the homeowner the right to pay-off the loan and prevent the home from being sold if it can be done within the 10 days after the sale.  In some cases, a home owner might be able to borrow money from a friend or family member or get a hard-money loan. Therefore, the law provides for 10 days after the sale to do “redeem” your home.  If not, as is usually the case, then, and only then, does the Sheriff transfer the property to the new owner.

For most people, then, that means you have an additional 10 days after the sale before you have to move.

What If You Can’t Move Right Away?

Even after the 10-day period, some people just can’t move after a Sheriff sale, at least not right away. Maybe you don’t have the money.  Maybe you have nowhere to go.  Maybe you or a family member is sick or disabled making it harder to move.  There are many reasons. If that’s you, what should you do?  Here are a couple of options:

Cash For Keys – Often the new owner will send a representative to your home to talk to about moving.  An experienced foreclosure sale buyer knows that it may be hard for you to move and that it could be costly and time consuming to evict you.  Therefore, a smart owner will offer you the necessary cash you need to move in exchange for you moving out right away or within a short period of time. Its common for a representative of the new owner to offer you $5000 if you move out in 30 days or $3000 if you move out in 60 days (see below to see why this is smart for them and how you can gain leverage to get money to move).

Make them Evict You – There is a 90-day period before eviction following a sheriff sale.  Approximately 60 days after the sheriff sale, you will receive a final notice with a date set for eviction.  If you can’t move before that date, you can go to the sheriff’s office and ask for a hearing where you can tell your story to the judge and ask for more time.  You may get a couple of weeks or a couple of months.  If you still can’t move on the extended eviction date, you can go before the judge again and ask for even more time. There are many extenuating circumstances that judges will consider in such cases: particularly for elderly home owners or for home owners with children.    Now you know why its smart for the new owner to offer you cash for keys!

Having your home sold at a Sheriff sale is tough on even the strongest family but, as you can see from the information above, there are some last-minute things you an do to get more time before you move after a Sheriff sale.  Even after the sale to stay in your home just a little longer.