Evictions (by Brian [NJ]) Jul 13, 2012 6:01 PM
Evictions (by Frank [NJ]) Jul 13, 2012 6:55 PM
Evictions (by AllyM [NJ]) Jul 13, 2012 8:13 PM
Evictions (by Josh [CA]) Jul 13, 2012 8:25 PM
Evictions (by Reid [KS]) Jul 13, 2012 9:04 PM
Evictions (by Mike45 [NV]) Jul 13, 2012 11:11 PM
Evictions (by rick [NJ]) Jul 14, 2012 7:41 AM
Evictions (by Brian [NJ]) Jul 14, 2012 10:00 AM
Evictions (by TenantWhisperer [MA]) Jul 14, 2012 11:01 AM
Evictions (by Brian [NJ]) Jul 14, 2012 12:09 PM
Evictions (by CTLL [CT]) Jul 14, 2012 2:00 PM
Evictions (by Brian [NJ]) Jul 14, 2012 2:18 PM
Evictions (by Doug [NJ]) Jul 15, 2012 7:56 AM
Evictions (by Brian [NJ]) Jul 15, 2012 8:15 AM
Evictions (by V [OH]) Jul 16, 2012 5:46 AM
Evictions (by Brian [NJ]) Posted on: Jul 13, 2012 6:01 PM Message:
State Specific Question About: NEW JERSEY (NJ)
Good evening to all. I have a state specific question and would like anyone's input on a situation that I have encountered.
I have a tenant that lives upstairs from me(owner-occupied rental), who has been with me for the past 2 years. In general he's a good tenant. Pays his rent on time, most of the time is barely home. I've recently re-signed another lease agreement for him this year, which makes year 3. The problem enters when, the girl he's been dating recently also wanted to move in. She has a daughter and has an eviction on her jacket. Now, I know what kind of tenant I have, as stated he pays on time, is hardly home. Great. But the girlfriend is another story.
She use to start fights with him for whatever reason and they'd be arguing in the early morning. I did put a stop that. Now, I due my quarterly inspection,and there's a screen window that has been busted badly by the little daughter she has, who is about 3 years old. Not I just signed the lease with them July 1, 2012. Then, while I'm sitting home getting work done I hear the little girl playing around with the bottom of the drain connected to the gutters. Mother is on the phone sitting out front porch not paying attention. I'm guessing this is how the screen got busted as bad at it has, over the course of not paying attention to the child and letting her run wild.
So today I talked her, and she had the nerve to be pissed at me for speaking to her daughter and bringing it to her attention. Also mentioned that what she was doing was no big deal to her. WOW! Now, I have more patience than most, but to have patience with folks her ilk can bite you in arse, and I won't tolerate this type of behavior from any tenant that I have.
I'm thinking it's time to show the girlfriend what it's like to be evicted...again. The problem is, I have a good paying tenant that will also be evicted, since both their names are on the lease. The grounds for eviction they would fall under would be...
"Violation of lease agreement". The item in the lease states "Lessee shall not willfully or wantonly destroy, deface, damage, impair or remove any part of the demised premises or the facilities, equipment, or appurtenances thereto, nor shall Lessee permit any person to do so."
Base on her lack of care and attention to my property and complete disregard for the lease stipulation, I think it's a good move, even if they stop or cease after the notice of Cease is sent.
The last line nor shall Lessee permit any person to do so is what I'm hanging my case on.
Thoughts from all on the board are welcome. Thanks.
--69.244.xxx.xx |
Evictions (by Frank [NJ]) Posted on: Jul 13, 2012 6:55 PM Message:
All this over damage done by a 3 yr. old?
And for this you want to evict a pretty steady payer?
I dunno...if confronted with your situation I might feel as you do too.
From my very limited experience in eviction court I donot see you getting past the mediator witth the claim you have stated.
How about this?....take them to Court and be ready to settle it out with the mediator and never see a judge.
I dobt you are going to see one anyway. --75.228.x.xx |
Evictions (by AllyM [NJ]) Posted on: Jul 13, 2012 8:13 PM Message:
Since it is owner occupied, I think you just tell them to leave. If they do not, then you will have to file for eviction. Their noise must be getting to you because a kid messing with a gutter is usually not something that would be a big deal. You may have to put a grate over the windows if they are upstairs. There are some regulations about that if they stay. The tenant has to agree to have them though and if they do not, they have to be given the offer every six months. I had one that refused the safety grates on second floor windows. I had enough of his attitudes toward me which appeared dangerous, so I sold the building. --69.141.xxx.xxx |
Evictions (by Josh [CA]) Posted on: Jul 13, 2012 8:25 PM Message:
I would not evict over this. Nor do I think it would be a easy enforcement in court. I would take another approach. Fix the screen by taking the old one to Ace hardware for instance and have a new screen made. Tenants pay for the new screen. Usually around $14 depending on size.
Telling the Mother/GF that she is lacking in parental skills isn't a wise move. IMO. This is service business not a ethics/parenting course sponsored by Landlords.
--66.214.x.xxx |
Evictions (by Reid [KS]) Posted on: Jul 13, 2012 9:04 PM Message:
well you now have a pretty good idea why she was evicted and why she fights with her boyfriend. Either you or him are going to get tired of her and she'll be looking for a new place to live and a new boyfriend. Probably the sooner the better. If he was think with his brain he'd thank you (LOL) --108.220.xxx.xxx |
Evictions (by Mike45 [NV]) Posted on: Jul 13, 2012 11:11 PM Message:
Brian, did you ever play baseball when you were a kid? My folks paid for at least a couple of replacements of broken windows every year!
I don't think any court would uphold you. You are sort of ignoring the "intent" portion of your lease. "willfully or wantonly destroy, deface, damage, impair or remove" -- So did this 3 year old girl act willfully and wantonly?
But, if you keep on like this, you will probably succeed in getting your good tenant to move away.
--71.49.xxx.xxx |
Evictions (by rick [NJ]) Posted on: Jul 14, 2012 7:41 AM Message:
While the rental may not fall under the NJ Anti-eviction act; if you are seeking to terminate a fixed term lease early for lease violations; you are still bound to NJ statute NJSA 2A:18-61.1(d) & (e) and must follow the statute requirements to properly terminate the lease
Plus as the other poster pointed out, a three year old child does not have the mental capacity; either in criminal or civil, to form intent, the essential element in your lease provision
In hind sight, with the new girlfriend and child moving in, you should have gone month to month, since the rental is not under NJ anti-eviction act and you could have terminated the month to month without cause, if things were not working out with the new girlfriend and child, with a year lease, you must follow NJ statute if you want to terminate early for lease violations, regardless if the rental is not under the jurisdiction of the NJ anti-eviction act
--68.38.xxx.xxx |
Evictions (by Brian [NJ]) Posted on: Jul 14, 2012 10:00 AM Message:
Thanks for all the comments above. They are all appreciated. Just to clarify my gripes regarding the situation.
1) The problem is not the 3 year old, the problem is that the girlfriend explicitly stated that her daughter destroying or causing damages is no big deal to her.
So my question is, how long should I or how far should I allow this to persist? With that kind of mind frame she's definitely in breach of her lease as I mentioned earlier where it states...
"Lessee shall not willfully or wantonly destroy, deface, damage, impair or remove any part of the demised premises or the facilities, equipment, or appurtenances thereto, nor shall Lessee permit ANY PERSON to do so."
Her attitudes matches her behavior, where the little girl thinks it's ok to break things even if it's unintentional.
I spoke to my long term tenant about this and he agrees with my point and has been trying to control the situation, but I have no faith that he can keep this woman in check for long. Even if it's for short period of time, she'll fall back into old habits that have already been on display.
Again, this is my place of residence and if I allow her to continue in this manner, who knows what other crap she'll be pulling. I figure I just send the notice to Cease with respect to the aforementioned lease violation just to cover myself, and if it continues to persist, then the notice to quit will be followed up with filing of eviction.
To allow things to persist without being checked and put in place is to say that it's ok for this type of behavior, and I do know that is how the courts would view it as well. So cut losses early and keep things moving in a better direction is what I'm thinking.
Please share your thoughts on what has been mentioned. Thanks all. --69.244.xxx.xx |
Evictions (by TenantWhisperer [MA]) Posted on: Jul 14, 2012 11:01 AM Message:
Why haven't you discussed it with your TENANT - the guy that actually signed the lease.
From what I understand, the 3 year old's mother only moved in after the guy signed the lease. So, she's not on the lease?
Discuss it with your tenant of 3 years when the mother isn't present. Tell him you'd prefer that the mother and child not live there. --24.60.xx.xxx |
Evictions (by Brian [NJ]) Posted on: Jul 14, 2012 12:09 PM Message:
TenantWhisperer, I thought that I mentioned this from the onset,but the she is on the lease and is the reason I'll have to evict both to get rid of the one. --69.244.xxx.xx |
Evictions (by CTLL [CT]) Posted on: Jul 14, 2012 2:00 PM Message:
I believe your have to serve a "cure or quit" in violation of a clause in your lease.
My lawyer told me a long time ago, the surest way to evict someone is for non payment of rent. Any other lease violations you have to give them official notice to cure the violation.
You are owner occupied. Don't know if certain rules apply to you. I know in CT we can be more choosy in renting owner occupied rentals and don't have to accept kids.
It would be a shame to lose your good tenant. Long term and good paying tenants are not that easy to find (and keep) Talk to the guy. Maybe he will ask her to leave.
Good luck.
--72.200.xxx.x |
Evictions (by Brian [NJ]) Posted on: Jul 14, 2012 2:18 PM Message:
CTLL, thanks for your input. The guy is in agreement that the girl is unruly at times and is doing what he can to keep things in check. The problem is, a leopard doesn't change their spots and soon after things settle for a while she'll find something else to do to make trouble. I'm not in a position to tolerate this kind of non-sense and refuse to under any circumstances. It would be a shame to lose a good paying tenant, however I value peace of mind over everything, and in my rental market I shouldn't have much of problem finding a more suitable tenant.
I do plan on giving them both an opportunity to straighten up by serving with a Cease and Desist Notice, allowing them limited time to correct things where they've errored, however if that doesn't do it the Notice to Quit tenancy comes before the final filing of Eviction by the courts comes. So I'll leave it up to them to figure how bad they want to stay in the unit. If not then, I have someone I've been talks with and see how that goes.
The best you can do is give them a chance and after that then you have to drop the gauntlet. I don't see how it would work any other way without losing control of the situation. --69.244.xxx.xx |
Evictions (by Doug [NJ]) Posted on: Jul 15, 2012 7:56 AM Message:
I have to agree with both Frank & Rick - you definitely won't get past the mediator with the case you've outlined so you'll never even make it to the judge.
Since it is a 2 family and owner occupied, you can force them to leave, but only if you allowed the lease to run to month-to-month instead of for a 1 year period. Unless you start documenting damage and sending notices to tenant of such damage and warning them that if it continues they will face eviction, you really don't have much ground to stand on in court. --67.84.xx.xx |
Evictions (by Brian [NJ]) Posted on: Jul 15, 2012 8:15 AM Message:
Doug, that's exactly what I intend. to do. Believe me, I'd prefer have things work out, however whereas it's at no cost to me financially or peace of mind. Notice to cease will be sent out tomorrow certified mail. --108.113.xx.xxx |
Evictions (by V [OH]) Posted on: Jul 16, 2012 5:46 AM Message:
Send repair bills for damaged things now - there is no reason to wait till move-out time, sometimes you have to train the the wallet. If you post a cure/quit notice and they cure then everyone is happy right? --76.241.xxx.xxx |
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