I need a little guidance on whether I should consider my tenants move out an eviction or abandon? How long do i have to store the items they left behind? what can i charge for in small claims court? And what security deposit notice should i send if any?

So here's the story tenants gave withholding for repairs letter, repairs made, and they still did not pay, they also did not pay the following month. So I took them the court for eviction. Eviction hearing was on Thursday 10/28. They did not show and default judgment was given. That Friday and Saturday the moved most of their stuff and left keys on steps.

The apartment was trashed, old broke furniture left behind, and few other damages.

So now i have to claim for unpaid rent and damages in small claims court and i assume I need to send a letter that i am keeping the security to apply to these fees.

So back to my above question since they were going to be evicted the following Tuesday does is the move out considered an eviction or abandon? Can I add November rent to the court case since no notice was given? And what kind of notices should i send them.?

Hi. If there is anything left in the apartment, you could box it and store it for awhile and send the tenants a certified letter to pick up their belongings. NJ is a funny state. Landlords have few rights.

They did move out so they were not actually removed by the sheriff's office though there was a legal judgement against them.

In NJ, security deposit has to be returned after 30 days or the tenant may claim double the deposit.

I would subtract all repairs from the security deposit and in NJ, you have to have bills to show a tenant that repairs were actually made. They can't be your bills, they must be on someone's letterhead or store receipts. Then I would send them a certified letter with copies of the bills and perhaps a small amount of the security left over.

Tenants can not withold money for repairs. They will do that and then a landlord must file for eviction. The court then holds rent monies until repairs are made then returns the rent monies to the landlord.

This is not exactly what happened to you. The minute a tenant witholds money for a repair it is best to file for eviction right away since that is not proper procedure.

Get your bills together for the repairs that you have to make to the apartment due to their negligence and send copies with a certified letter to the tenant telling the tenant exactly what you have spent from their security.