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So, long story short ... we rented to a not so great tenant. Habitually late in paying rent, which we gave notice about, but didn't start eviction process. Tenant didn't pay for the last two months, gave one excuse after the next, and we gave them a notice asking them to pay or vacate. The notice was hand delivered, and they signed off on it and also through text messages agreed to leave by April 18th. We still went to the courthouse to start eviction proceedings. Their leaving was of course dragged out a few more days, and on April 22nd we were told by the tenant that they had removed all of their stuff. We went to the house and they had actually made an attempt to clean, had taken most of their stuff (left some trash behind, but no big deal) and left the keys on the counter. We promptly changed the locks. (I failed to mention they apparently failed to pay their utilities as the electric had been shut off). My questions are, do we still have to wait before renting out the property again since they took all of their belongings? Should we still stick with the eviction process and have the courts rule in our favor so that its on record? At what point are we in the clear, and don't have to worry about some wacky tenant trying to file some bogus claim??
I just know that the state of NJ is tenant friendly, and I want to make sure I've done everything by the book. I don't have an attorney ... fortunately I do have their security deposit which will cover most of what they've cost me thus far. I'm a fairly new landlord, and don't want to make any expensive mistakes. Thanks for the suggestions though.
Presuming you have a mailing address for them, send them a return receipt certified letter and advise them that you acknowledge receipt of the keys they left. In accordance with however much time NJ state laws give you to return the security deposit, itemize all deductions made from it to cover cleaning, trash removal, repair of any damages, etc. as well as unpaid rent. I imagine the balance will reflect an amount owed to you. Obviously you're not going to collect it even if you go to the trouble and expense of filing against them but your communication will set it all straight where the record is concerned. If you don't have a proper mailing address, email them and if you don't have an email address then text them. Better luck with the next tenants!
You absolutely must send a detailed statement as to how you are using the security deposit. Failure to do so could cost you up to 3x the actual security deposit in penalty. And you must check the landlord-tenant rules in NJ to ascertain whether you can use the security deposit for unpaid rent before you claim it in your statement.
If you do not have a forwarding address, send the statement of security deposit expenditures via a first class letter to the address you rented to them - and specifically put on the envelope: address correction requested underneath the stamp. That way, you will get the forwarded address. I also advise sending a duplicate certified, RRR requesting forwarding address on the envelope. This one they will probably not sign for, but if you have the return mail, DO NOT OPEN IT, you can open it in court if necessary.
I believe NJ laws do allow deductions for owed rent but don't know about the 3X security deposit if the tenant should go to court. Some courts allow the claim and some don't. In any case the latter is a discretionary judgement and not a "given". Good luck and I'm rather guessing you'll hear nothing back from them.
I'm a fairly new landlord, and don't want to make any expensive mistakes. Thanks for the suggestions though.
As a new landlord, you need to have an attorney available to bounce things off of for a reasonable price.
int he eman time, follw what STT said because although it sounds like a duck, ewalks like a duck, quacks like a duck, the tenant and their smart lawyer can turn it into a quail if you screw things up. So, you absolutely want to establish sufficient for a judge that the tenant did in fact terminate their occupancy and left the premise on a certain date.
We went to the house and they had actually made an attempt to clean,
Cleaning is a condition of the lease and shows squat about terminating occupancy
had taken most of their stuff (left some trash behind, but no big deal)
Yes a big deal, who are you to call their possesions trash? At least thats what the lawyer will claim.
and left the keys on the counter. We promptly changed the locks.
Humm, they were moving stuff to the storage unit and returning to clear out the remainder and you took them leavingt he leys ont he counter so they donpt loose them as a sign to perform an illegal Lock-Out? Their lawyer will have fun with that one also.
(I failed to mention they apparently failed to pay their utilities as the electric had been shut off).
Does your state law or lease say a prioperty is considered anbandon if electricty is shut off? do you barge in and change locaks on all tenant whos electricty is shut off?
Alothough is is very highly unlikely the tenant will do anything, you want to make sure the doumentation you have will support any far fetch claim. So unless you have some writen and tenant signed document that says they are actually terminating their occcuopancy on that date, you need to get one. Sending a letter (with prove of delivery) to the tenant is a good way of showing that that is what actually did occur.
As a new landlord, you need to have an attorney available to bounce things off of for a reasonable price.
int he eman time, follw what STT said because although it sounds like a duck, ewalks like a duck, quacks like a duck, the tenant and their smart lawyer can turn it into a quail if you screw things up. So, you absolutely want to establish sufficient for a judge that the tenant did in fact terminate their occupancy and left the premise on a certain date.
We went to the house and they had actually made an attempt to clean,
Cleaning is a condition of the lease and shows squat about terminating occupancy
had taken most of their stuff (left some trash behind, but no big deal)
Yes a big deal, who are you to call their possesions trash? At least thats what the lawyer will claim.
and left the keys on the counter. We promptly changed the locks.
Humm, they were moving stuff to the storage unit and returning to clear out the remainder and you took them leavingt he leys ont he counter so they donpt loose them as a sign to perform an illegal Lock-Out? Their lawyer will have fun with that one also.
(I failed to mention they apparently failed to pay their utilities as the electric had been shut off).
Does your state law or lease say a prioperty is considered anbandon if electricty is shut off? do you barge in and change locaks on all tenant whos electricty is shut off?
Alothough is is very highly unlikely the tenant will do anything, you want to make sure the doumentation you have will support any far fetch claim. So unless you have some writen and tenant signed document that says they are actually terminating their occcuopancy on that date, you need to get one. Sending a letter (with prove of delivery) to the tenant is a good way of showing that that is what actually did occur.
************************************************** ******
Attempt to clean, meaning the refrigerator had been completely emptied and wiped down, though still smelled becuase of the utilities being off. Also meaning we were expecting the place to be totally trashed and it wasn't. They took everything out of every closet and cabinet in the house
Trash that was left behind was literally trash. garbage bags, broken crayons, ripped pieces of paper ... stuff like that. Wouldn't anyone consider that trash?
Left both sets of keys on the counter, had no furniture to put in storage as the home came furnished. Its not a Lock out if we grant them access when requested, correct?
Having utilities maintained is part of the lease agreement and they breached that. Its also a saftey concern and potential health hazard I would imagine.
No forwarding address, I asked several times and they wouldn't give one. So I will take your advice and send a letter to last known address. Via text they agreed to be out, so I do have those saved as proof. They will not answer the phone when I call, only responds to text ... so its a little difficult to get anyting accomplished. I do appreciate all the advice though.
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