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2 tenants created clutter in basement

Discussion in 'Other Residential Landlord & Tenant Issues' started by LandlordFrank1975, Dec 12, 2020.

  1. LandlordFrank1975

    LandlordFrank1975 Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    I own a 2 family in NJ and both tenants have been packing their junk in to the basement and taking up all available space, I contacted them several times about removing the clutter and only staying in their designated area(s) but they do not listen. Both are in month to month leases, and I have security deposits for both. What would be my best next steps to get this clutter taken care of. I feel like dragging it all out and leaving it on the lawn, but I am sure this is not an option. TIA
     
  2. justblue

    justblue Well-Known Member

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    You need to send then a notice to quit/cure. Give them X (I would give them 3 days) amount of time to clear out their stuff and if they don't, start eviction proceedings.

    NJ Department of Community Affairs
     
  3. adjusterjack

    adjusterjack Super Moderator

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    It's not.

    And what do those leases say about use of the basement? Quote it word for word.

    You can't do anything unless the tenants are in breach of contract and, so far, we know nothing about the terms and conditions of your contracts.
     
  4. LandlordFrank1975

    LandlordFrank1975 Law Topic Starter New Member

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    The lease says no personal items shall occupy any common areas except the shed in the yard and one closet in the basement (which is not part of the problem area i was referring to) shed is for 2nd floor tenant, closet in basement belongs to 1st floor. Also they are allowed to put 1 washer and 1 dryer each in the basement attached to their respective water and electric hook up.
     
  5. LandlordFrank1975

    LandlordFrank1975 Law Topic Starter New Member

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    I will send notice to quit/cure, I am willing to give more time than 3 days since they have generally been good tenants and rented for over 10 years. I dont want to evict them unless it comes to that. I'm just hoping to handle this in a way that shows the seriousness of the situation.
     
  6. justblue

    justblue Well-Known Member

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    If you can, have an attorney draw up the notice...mail a copy snail mail, a copy CRRR and post a copy to their respective doors. Rather than threaten eviction, you could let them know if at the end of the time you are giving them to remove their property from the area if it is not removed, you will hire someone to take the property away and they will be billed for the removal.

    That should make them take this seriously.
     
    LandlordFrank1975 likes this.
  7. adjusterjack

    adjusterjack Super Moderator

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    There doesn't appear to be anything in the NJ landlord tenant statutes that addresses the notice to quit/cure. You're free to give more than 3 days if you like.

    The seriousness is that, if you aren't prepared to evict, then your notice has no teeth.

    That, of course, would be illegal without a court order.
     
  8. justblue

    justblue Well-Known Member

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    Is it? Mia culpa.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    When a statute (or common law) provides a remedy (NJ eviction law) to a landlord, self-help is prohibited.

    Otherwise, all the people who haven't paid rent during Covid19 would have been yanked out of their homes long ago with all their belongings tossed into the street with no due process.
     

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