State Specific Question About: NEW JERSEY (NJ)

It sounds like you signed the lease while with her while there was still work being done? Is that correct?

Give her the money back. This is a flashing NEON sign for you to bail out!

When we move a tenant in, we say what we will fix. We will not fix anything else in the interim. (between signing and movein).

what is wrong with the place? generally, it's "as is" ... she saw it, she signed the lease, she paid. Unless something is discovered once she moves in (sticking doors, leaking faucets once they are in use, etc), too bad.

everyone else is saying to end it with her but if she signed, paid and has keys, it's not that easy.

Return their money and don't let them move in.

Or use happy clause.

please let us know what happened

The saga continues. We had given the tenant a checklist to review the status of the house to review the condition of the house before move in.

The tenant used this as an opportunity to nit pick on concerns for minor maintenance only in writing, I believe as an opportunity to delay the occupancy date. This was after we had given her the keys, since the rent and all the security had been paid. There was no work being done, to answer one question.

I have continued to engage her and now find out that she says the lawyer is a family friend and that this lawyer told her to talk to the neighbors and take video of the condition of the house. Also she is started to soften once I said maybe this isn't the house for you (over test msg since she won't answer the phone).

But she had said she was going to make some of these repairs / modifications on her own, when the lease expressly states "Resident shall not tamper with or make alterations (including extremely dark or black paint, nail holes other than to hang small pictures, contact, or wallpaper) to the premises without Manager's prior written consent."

I would end the lease if I could, as it seems she thinks this is some kind of game she is playing to continue to bargain for later occupancy etc.

"But she had said she was going to make some of these repairs / modifications on her own"

Even if she is just bluffing, this sounds really bad. Everything will become a negotiation with this person over the tenancy with constant barrage of texts, or even worse doing things that are lease violations without even asking you at all. I've had someone like this.

I don't understand the "bargaining to delay the occupancy date" part though--as you said she has an executed lease and has paid the move in money. There must be a start date for the tenancy in the lease. So it is her choice when to actually move her stuff in.

We signed the lease on May 22nd with the understanding that she wanted to move in right away so I would order the CO inspection. Which often takes 10 days and then the house would be ready as soon as the CO was issued.

It took 10 days, the CO was issued and then she started these additional negotiations about moving in for July 1st. Then we spoke I said I would be willing to allow the start for June 15 not June 7th, which was the date the CO was issued.

Have you explicitly given her an ultimatum - take the house as it is or we will cancel the lease and refund your money?

It sounds like you are tip-toeing around it. You reference telling her that "Maybe the house isn't for you."

Going forward, Consider changing your verbiage to something like: "SATISFACTORY INSPECTION: Resident has personally inspected the premises and agrees to accept them as-is unless otherwise stated in this agreement."

I would do what Razorback says---if she has not even moved in yet, I would meet her at the house (take someone with you), give her all monies she has paid to date and tell her it appears she will not be happy there so "YOU" are releasing "HER" from the lease, GET THE KEYS, and proceed to find another renter. You are the LL, she is the soon-to-be EX tenant. She has already told you she is planning on violating the lease before she even moves in--by making repairs herself--add that to your explanation as to why you are releasing her from the lease.

Do NOT let her move-in. If she hasn't even moved in and she is talking lawyer these issues will be never ending and will probably get worse.

On Wednesday I met with the tenant. I made it perfectly clear that when the lease was signed and final amount of the security was paid, I had given her the key and told her to use a checklist to review house to establish the current status of the property, that this was not an opportunity to start being critical of the house for nit picking. Then if she had any concerns she could have asked me to address these items in a reasonable way and not in the demanding and complaining way that she did via email.

Also I told her that as we originally agreed in late May after she was a proved for the tenancy that she was in a hurry to move in that we agreed to have the rental start on June 15 and that was going to be the case. That I was not going to allow this to be changed to July 1st as she had stated she wanted. (which I believe was another ploy to renegotiate the terms of the rental)

We reviewed the items she had concerns about. I made one additional repair to the ceiling in the closet that I wasn't aware existed (was probably from the storm damage of Super storm Sandy, when I had lost nearly the entire roof) and we agreed that otherwise everything else was satisfactory.

I felt she was more reasonable in person and was not as demanding when we met in person so I felt it was most likely an issue of miscommunication. Only time will tell, I am optimistic things will work out. I can tell you that if anything goes strange again I will be addressing it right away in with her, in court if needed.

Thanks everyone for your comments, I really do appreciate this forum and website!

Good job ! And forever more you will remember the lesson. With this tenant you will not spend and time texting, if you receive a text you will pick up the phone and call. Speaking is her preferred method to get straight to the right solution.

I'd be concerned about ... "But she had said she was going to make some of these repairs / modifications on her own" No, never give her permission, she ask for an inch but will TAKE a mile. Oh i want to paint one wall... that never stops at one wall.... you go and paint the one wall.