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NJ tenant violating lease

Discussion in 'Other Residential Landlord & Tenant Issues' started by NJ Landlord 123, Apr 4, 2019.

  1. NJ Landlord 123

    NJ Landlord 123 Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    I have 2 tenants living in one apartment of my two family house, they are consistently violating parts of the lease and I would like to send them notification. I am familiar with the notice to quit however I am not sure that this will be the form I use since I am not actually looking to evict the tenants. I just want to send the message that I am aware that they are violating sections of the lease and I would like it to stop before I need to take further action.
    The issues that I would like to address are consistently late rent.
    The lease states
    "rent is payable in advance on the first day of each calendar month and is delinquent on the next day."
    I have not received rent on the first day since they moved in, often it is given to me on the 4th or 5th and I am told by the tenant that they have until the 5th to pay the rent, I can only assume that this is because if it is paid after that they will incur the late fee.
    The second issue is that they are using both parking spots in the driveway, and the lease clearly states that they are only entitled to one spot. The tenant from the second floor has the right to the other spot if he chooses to use it.

    The third issue I am having is related to overnight guests.

    The lease states "tenants may have guests on the premises for not over 3 consecutive days or 10 days in a calendar year and no more than 2 guests per bedroom at any one time. Persons staying more than 3 consecutive days or 10 days in a calendar year shall not be considered original tenants of the premises. Tenants must obtain prior written approval of landlord if an invitee of tenant will be present at the premise for more than 3 consecutive days or 10 days in a calendar year.

    There is basically an extra person living in the apartment, it is a significant other or something along those lines that stays over frequently and the 10 days was exhausted before the month of January was over.

    There are also other minor issues that need to be addressed such as snow removal, they are required to remove snow and did not do so the couple of times it snowed but this leads me to believe that they will also not cut the grass as required in their lease as well we just have not yet reached the time of year where the grass needs to be cut but it soon will be needed.

    Thank you in advance for any helpful advice.
     
  2. army judge

    army judge Super Moderator

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    When a tenant was late with rent on a regular basis (more than twice in a leasehold), I would issue a notice to quit.

    Some would issue a notice to cure, eventually having to issue a notice to quit.

    In most cases a deadbeat won't cure, nor will the deadbeat VOLUNTARILY leave the premises.

    This is one of the reasons I sold all my (so called income properties) because I need not chase my money when I've invested it in something far more stable.

    Bottom line, you can ask the person when he/she will pay.

    You'll be asking more than once, and the deadbeat will be sponging off of you.

    I recommend you simply issue a notice to vacate or pay, when the deadbeat fails to pay, file that eviction action.

    Why?

    because it can take six to twelve weeks to get to court and have the judge order te deadbeat to leave.

    All the while, the deadbeat won't be paying you one, thin dime!

    As far as the payment date, all of my leases had the payment date set by the 3rd with a 2 day grace period, meaning pay by the 5th.

    If you do nothing, a deadbeat will wear you out by paying late or not at all.
     
  3. NJ Landlord 123

    NJ Landlord 123 Law Topic Starter New Member

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    I am receiving the rent but getting it late, I feel that they are stretching it to be a pain and getting it to me just before they have to pay a late fee. It is just the combination of all the things and that I want to notify them and let them know that I am aware. So if I send the notice to quit if they do not stop doing these things then I go to court on the grounds that they are violating these parts of the lease?
     
  4. army judge

    army judge Super Moderator

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    If the rent is on time, there is no issue.
    If your lease provides a "grace period", there is no issue.

    If the rent MUST be paid by the 5th, and the tenant consistently pays on the 6th, maybe the 8th, it might be best to issue a "will not renew your lease" as provided for in your lease.

    NJ can be a tricky state for landlords.

    Choose your battles wisely, as you must also do with your tenants.
     

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