State Specific Question About: NEW JERSEY (NJ)

My tenants had a 1 year lease starting Oct 1 last year. They gave me three weeks notice they would be out sept 4 and they didn't give me Septembers rent. The lease states they must leave 1/2 tank of heating oil and they left none.They also left a broken window, damage to a door and the lawn unkept as well as garbage in the yard. I took pics of everything.

They sent a text last week asking when they will get their security back. I told them after I make repairs and put oil in the tank. They say they aren't responsible for the oil and there were no damages and they ended the lease Sept 4 so I must give them the security by Oct 4.The lease is till end of Sept.

I believe they broke the lease by only giving me three weeks notice to move out and they didn't pay Sept rent.

I was going to charge them for the unpaid rent,1/2 tank of oil, to mow the grass,fix the door,window, and remove garbage. from the property.

Do I have to return any security deposit? If I keep it do I have to let them know by Oct 4 or the end of Oct like the lease states.

In my opinion you should take care of what you need to take care of as quickly as possible (so you have the damages). If you are stating that everything is spelled out in your lease as you state - then you should be fine. Also - how much is the security deposit?

If the SD is enough to cover the last month rent and the damages and there is some left over - make sure that you itemize it and give them back whatever is left (I wouldn't wait - give it back to them as quickly as you can with the statement and pictures and even a copy of the lease with the highlighted sections that they "broke", etc).

If there is not enough - then BILL THEM. Give them the same itemization as above and show them that there is a balance due. Give them so many days to pay it. If no payment - take them to court (if it's "enough" to do that - meaning if they only have $100 owed to you and it's going to cost you $100 to take them to court - then determine if that's "worth it for you").

Lets start at the beginning. Did you have a move in inspection with the tenants? Does NJ require notices to be given 30 days from time rent is due? This keep vacancy's from happening on the 13th of the month. Your not running a motel it's a lease.

You can put anything you want into a lease-- beware - if it's against statute it won't hold up.

When they gave notice did you tell them in writing it wasn't proper notice? When they skipped did you go over and list the damages and estimated cost to repair, including missing fuel oil, within the time frame require by NJ law?

Guess what i'm saying is the time to know what the law says concerning LL tenant law is before you rent it out. I'm sure you've heard the saying-- closing the barn door after the horses are out.

Good that you took pictures. Get more.

Do as suggested above. Prepare an accounting AFTER you have had time to estimate damages, etc. but within the time period required by your state and MAIL it to their forwarding address, by certified mail.

The ONLY way to respond to texts is to text back that accounting and any refund will be mailed to forwarding address.

Do not get involved in a text war with them.

Save all texts they send you and your replies.

Remember to keep replies simple, direct and reasonable as they may be shown to a judge. If they refuse to give an address, mail it to last known address. If it comes back, put it unopened in your file. Keep it forever. If they take you to court, bring along the returned mail which will prove you did as state laws required, along with a copy of all files on them.

If they owe you (likely), send the accounting with a demand for payment. Like it said above, if the amount due warrants you going to court and filing against them, do it. Send any award to a collection agency and report to the credit bureaus.

VERY IMPORTANT: Never meet them in person.

Do not allow yourself to be bullied.

BE SURE you follow your states guidelines for accounting and return of security deposits.

Remember: You are in the right and they broke the lease, damaged your property and they are stealing your justly earned money. THEY OWE YOU!!!

Demand payment for all damages, for unpaid rent for September and for breaking the lease (until you release it or the lease term expires, unless you regent it sooner.)

Once a tenant gives notice or not, it is best to stop any verbal communications with them if you think there will be issues. If they were good tenants than this does not reply. We give each departing tenant a move out letter with our expectations of how the apt is to be vacated and how the sec dep will be handled. After that if they inquire, I tell them they will be getting their sec dep Itemization no sooner than 30 days from lease termination and leave it at that. Going into specifics with them usually only induces an argument.

In Kansas, I have to send that statement within 30 days of receiving possession. It doesn't matter when the "lease ends". 30 days after I have keys.

Go to lsnjlaw.com and read all the stuff you need to know for nj