 Holdover (by Brian [NJ]) May 4, 2011 5:22 PM
 Holdover (by Irish [MD]) May 4, 2011 5:27 PM
Holdover (by Brian [NJ]) May 4, 2011 6:00 PM
Holdover (by Brian [NJ]) May 4, 2011 6:34 PM
Holdover (by COTA [NY]) May 4, 2011 7:20 PM
Holdover (by Irish [MD]) May 4, 2011 7:36 PM
Holdover (by Mike45 [NV]) May 4, 2011 8:22 PM
Holdover (by Doug [NJ]) May 5, 2011 6:33 AM
Holdover (by AllyM [NJ]) May 5, 2011 7:30 AM
Holdover (by Brian [NJ]) May 5, 2011 11:32 AM
Holdover (by Handyman Helper [OH]) May 5, 2011 6:02 PM
Holdover (by Brian [NJ]) Posted on: May 4, 2011 5:22 PM
Message:
State Specific Question About: NEW JERSEY (NJ)
Got a question for all on the board. I have a holdover situation with a tenant that should have been out of the unit April 28th. There has been an ongoing issue with the breaker tripping from time to time. Easy fix, I go over and just reset the breaker box which is in the basement which I only have access to and everything is fine. At this point since the tenant has lied about when she will move out and is unmotivated to do so on her own, I have filed for an eviction last Friday April 29th.
What are your thoughts about my lack of motivation going over to reset the breaker box since the tenant seems to take the problem of me getting my new tenant that is ready to move in now from doing so, because she thinks she can move when she feels? Also when I have my day in court what would be the impact of me not doing so, as her status is currently an illegal stay, i.e. holdover? --68.44.xxx.xx |
Holdover (by Irish [MD]) Posted on: May 4, 2011 5:27 PM
Message:
Don't Do IT. If they get up the gumpton to go to the judge, het judge deem it a tralitory action on your part. Be patient, fix the breakers, and wait for the court process to work it's way legally. --96.239.xxx.xx |
Holdover (by Brian [NJ]) Posted on: May 4, 2011 6:00 PM
Message:
I'm sorry what do you mean by tralitory? --68.44.xxx.xx |
Holdover (by Brian [NJ]) Posted on: May 4, 2011 6:34 PM
Message:
Another question what would the impact of such act be as well? --68.44.xxx.xx |
Holdover (by COTA [NY]) Posted on: May 4, 2011 7:20 PM
Message:
I think he means retaliatory. Better in the judge's eyes if you are the "good" LL and stay on the up and up. You don't want to do anything that may make you look like you were in the wrong and hurt your case.
I don't know for sure what the laws are during an eviction/holdover, but even then we probably have to maintain habitability - which would include power. Sucks, but....hopefully they will be out soon.
You also want to be careful- depending on the person, of pushing them to retaliate back by causing you more trouble; making false claims or damaging your property, etc. --69.207.xx.xxx |
Holdover (by Irish [MD]) Posted on: May 4, 2011 7:36 PM
Message:
Yes, my typo...should have said retalitory..
and yes, tenant doubling back with their own retalitory actions.. --96.239.xxx.xx |
Holdover (by Mike45 [NV]) Posted on: May 4, 2011 8:22 PM
Message:
I agree that you need to keep the power on, because otherwise it will look like a self-help eviction, which can you get in trouble.
However, why does the breaker keep on tripping? You might have a problem that needs to be corrected. You might need to schedule some major electrical repair work that will require the power being turned off for hours or days, the walls to be opened up, various outlets and switches removed and examined -- not to retaliate against this tenant, but to fix the underlying problem.
--216.240.xx.xxx |
Holdover (by Doug [NJ]) Posted on: May 5, 2011 6:33 AM
Message:
You can always take your time getting over there to reset the breaker though... If you're in court for totally unrelated matter, it shouldn't come up. Even in NJ, I've been in court for nonpayment and the tenant has tried to plead habitability issues before judge with pictures, etc. and the judge basically said we weren't here for that - it's a separate matter. --216.139.xxx.xxx |
Holdover (by AllyM [NJ]) Posted on: May 5, 2011 7:30 AM
Message:
Having to repeatedly reset the breaker means that the tenant has a bad appliance or the sockets are overloaded. You need to get an electrician in there right away to check it out. That would look good to a judge.
Breakers do fail and then there goes your property up in flames. --76.99.xxx.xxx |
Holdover (by Brian [NJ]) Posted on: May 5, 2011 11:32 AM
Message:
Thanks to all for the advice --68.44.xxx.xx |
Holdover (by Handyman Helper [OH]) Posted on: May 5, 2011 6:02 PM
Message:
You will have to replace the Breaker. Most people do not realize that every time a breaker trips it trips at a lesser amperage and the problem cascades on a geometric progresion. Eventually it will get to the point where it will not stay on at all. Best wishes on your T problem. --76.181.x.xxx |
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