What would you do?
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What would you do? (by AllyM [NJ]) Aug 11, 2017 6:31 AM
       What would you do? (by S i d [MO]) Aug 11, 2017 7:31 AM
       What would you do? (by Blue [IL]) Aug 11, 2017 7:44 AM
       What would you do? (by Amy [MO]) Aug 11, 2017 9:10 AM
       What would you do? (by Amy [MO]) Aug 11, 2017 9:15 AM
       What would you do? (by AllyM [NJ]) Aug 11, 2017 9:24 AM
       What would you do? (by rentON [PA]) Aug 11, 2017 9:36 AM
       What would you do? (by Ken [NY]) Aug 11, 2017 10:03 AM
       What would you do? (by Lynda [TX]) Aug 11, 2017 10:28 AM
       What would you do? (by Andrew, Canada [ON]) Aug 11, 2017 10:51 AM
       What would you do? (by Nicole [PA]) Aug 11, 2017 11:17 AM
       What would you do? (by RB [MI]) Aug 11, 2017 1:03 PM
       What would you do? (by WMH [NC]) Aug 11, 2017 2:34 PM
       What would you do? (by WMH [NC]) Aug 11, 2017 2:35 PM
       What would you do? (by Vee [OH]) Aug 11, 2017 4:52 PM
       What would you do? (by Vee [OH]) Aug 11, 2017 4:52 PM
       What would you do? (by AllyM [NJ]) Aug 11, 2017 6:05 PM
       What would you do? (by Wilma [PA]) Aug 12, 2017 9:21 AM
       What would you do? (by AllyM [NJ]) Aug 12, 2017 1:53 PM

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What would you do? (by AllyM [NJ]) Posted on: Aug 11, 2017 6:31 AM
Message:

Yes I am having tenant drama for the first time in many years. Tenant is moving and did not pay rent and is coming up with what she thinks are habitability issues to justify not paying. She has two rabbits and told me she was allergic to their hay food several years ago. One rabbit was allowed in the lease. She is blaming the basement for a decline in her health. There is no mold or any water or other issue in the basement. I took photos yesterday. It's tiled and painted and has built in wooden storage cabinets.

OK, I caught her leaving a mound of recycling on the front steps on Wednesday which is a tripping hazard. I took photos.

Yesterday she had moved the pile and put it next to the recycling bucket but all over a walkway. I took more photos.

On both days she left the windows in the back wide open. Someone could have easily cut a screen and entered.

Both of these behaviors are mentioned in the lease as prohibited so she is in violation of the lease. My applicants for the upstairs apartment, and the plumber and myself had to step over this to get around the building and in the front tood.

Question: She says she will be out on the 31st and has sent me a certified letter. Should I send her a Cease and Desist notice based on the garbage tripping hazard and the open windows. If she does try to sue me for something later and the judge asks if she has any notices, which they do, I could show these two lease violations.

She is claiming that her health has suffered and so has her daughters, after being in the apartment seven years. Fact is, the recycling she left on the steps was big boxes of chips, crackers and junk food. I suggest that eating all that stuff is causing any issues she might have and her weight has shot up so she looks like a tank.

Would you send the notices or just let things go as they are as she is leaving? I'm for sending the notices.

--73.33.xxx.xxx




What would you do? (by S i d [MO]) Posted on: Aug 11, 2017 7:31 AM
Message:

AllyM,

Here's the answer: evict for non-payment of August rent. Anything else just invites more drama. Get 'er done. --173.19.xx.xxx




What would you do? (by Blue [IL]) Posted on: Aug 11, 2017 7:44 AM
Message:

I know NJ is really different than the rest of the US.

I would document as you are, but file for nonpayment and ignore the rest until you have to go before a judge. Make sure those photos are dated! --75.132.xxx.xx




What would you do? (by Amy [MO]) Posted on: Aug 11, 2017 9:10 AM
Message:

Hi Ms. AllyM,

You could send the notices. But know this could escalate her behavior towards you. Whatever you decide, Id leave her alone until she is gone. No going over to manage or nitpick. And I am saying this in a nice way, because I believe most of us feel like helping the tenants to hurry up and get out when we feel like they've wronged us. We want to point out and help them realize how awful they are, but they can't do that if they are thinking about how awful YOU are.(not saying you are awful; just from a tenants perspective)

If you never sent notices before this, in court it could play out looking like tit for tat. So you might keep that in mind before posting. --136.32.xxx.xxx




What would you do? (by Amy [MO]) Posted on: Aug 11, 2017 9:15 AM
Message:

If you have proof of everything, tenant allergy, etc, unless you are afraid of being sued, follow Sid's suggestion. Just stay away until she is gone. --136.32.xxx.xxx




What would you do? (by AllyM [NJ]) Posted on: Aug 11, 2017 9:24 AM
Message:

I am not going to sue her for nonpayment as that will force her to claim allergies from my basement when she told me it was from her rabbit's food. I can't be running down to dirty dangerous Trenton NJ to the court so I would have to pay a lawyer. There is no parking down there and my cancer surgery a few years ago left me with muscle issues and I can't walk that far to the court building from parking areas.

I would like to tell her that NJ law allows me double rent for September if she is not out by the 31st of August and that I will try to collect it. I typed up the Cease and Desist notices but will hold off on them unless she does not leave on August 31. Painters are coming on Sept. 1.

Thanks for your input. --73.33.xxx.xxx




What would you do? (by rentON [PA]) Posted on: Aug 11, 2017 9:36 AM
Message:

What happens when she is not out on the 31st? Are you going to let her stay another month for free? I'm sorry to say that if you can't file eviction when needed you should probably sell the property.

Good luck. --73.236.xxx.xxx




What would you do? (by Ken [NY]) Posted on: Aug 11, 2017 10:03 AM
Message:

I would file for non payment of rent now,if she says she didn't pay because it was unhealthy then I would ask why is she still there? she will say she doesn't have any money,i then look at the judge and say now we have the answer,no money to pay the rent and the judge gives me the warrant --24.25.xxx.xxx




What would you do? (by Lynda [TX]) Posted on: Aug 11, 2017 10:28 AM
Message:

Yes, Ally, file for non-payment now so you are on file, you can always cancel. Wait patiently till 30 Aug. Then go check out the status of the move. You have HER letter specifying the date. Tell her painters will be there on 1 Sep. Ask if she needs help meeting HER move out date. Do NOT go in to see if any damage--wait till she is really out to do that. She will either be out or not. If out great, if still there you have already filed for eviction/rent/possession, and you can add stay over to that. Soon this will all be over. Keep on keeping on. --108.87.xx.xxx




What would you do? (by Andrew, Canada [ON]) Posted on: Aug 11, 2017 10:51 AM
Message:

Ally, im concerned the tenant wont move aug 31.

Do you have a form provided by your rental tribunal that the tenant can sign saying they will be out by a certain date?

In ontario I think we call it an "n11".

If the tenant signs this form a then doesnt

Leave, the eviction procdss is easier for the landlord. Of course tenants here seldom sign this form.

If she will sign your "n11" then you might hold off on the eviction notice. Otherwise I would begin the eviction paperwork now. --70.30.xx.xxx




What would you do? (by Nicole [PA]) Posted on: Aug 11, 2017 11:17 AM
Message:

I personally don't step over trash anywhere ... I pick it up and throw it away.

I cannot imagine a lease clause being upheld in court that a tenant cannot leave their windows open when not at home.

you are WAY too emotionally involved in this ... your equating her recycling and her being "a tank" are the indicators.

From most of your posts, I'm guessing you are like me ... your tenants for the most part are basically problem free and the little things that crop up are dealt with. This one pushed your buttons ... let it go. Also be prepared that the painter isn't going to paint on the 1st. I think scheduling him was premature. If I were the painter and I had 2 days, a week, whatever scheduled and it wasn't ready, I would not be happy with the customer. Perhaps she'll be gone ... perhaps not. --72.95.xx.x




What would you do? (by RB [MI]) Posted on: Aug 11, 2017 1:03 PM
Message:

Sell. --71.13.xx.xxx




What would you do? (by WMH [NC]) Posted on: Aug 11, 2017 2:34 PM
Message:

Dear Tenant,

We have enjoyed a long-term relationship that was mutually beneficial to us both. But the relationship is coming to an end, based on your notice that you will be vacating the premises on XX/XX/XX. Thank you for letting us know about your intentions.

Please note that premises needs to continue until you vacate (picking up of trash, cleaning the premises, etc.)

Let us know when you are completely out so we can do a walk-through of the premises.

We appreciate your tenancy and wish you well in the future.

Regards,

--173.22.xx.xx




What would you do? (by WMH [NC]) Posted on: Aug 11, 2017 2:35 PM
Message:

"Care of the premises" should continue. --173.22.xx.xx




What would you do? (by Vee [OH]) Posted on: Aug 11, 2017 4:52 PM
Message:

Start the eviction about 8 days ago, all the rest is fodder for folley - why entertain the bulloney? --76.188.xxx.xx




What would you do? (by Vee [OH]) Posted on: Aug 11, 2017 4:52 PM
Message:

Start the eviction about 8 days ago, all the rest is fodder for folley - why entertain the bulloney? Oh, unpaid rent is over 90 percent of housing court activity, no reward for sitting on your hands. --76.188.xxx.xx




What would you do? (by AllyM [NJ]) Posted on: Aug 11, 2017 6:05 PM
Message:

In NJ, if the tenant sends written notice via certified mail of the intention to leave, and stays past the said moving day, the landlord is entitled to TWO TIMES THE RENT for any month the tenant remains.

So I reminded Miss Piggy today that the Truth in Renting booklet states that. I gave her notice that the painter, locksmith and others will be at the unit on September 1. So she has been warned that her unit will be uncomfortable on the first if she remains. Everything is packed up in there so I suspect she will be out. She does have to allow me to maintain my building so the painter will just paint around her. She has had 24 hour notice. If she is still there on the first then I will go find an attorney.

She reported a third leak from the tub today so I went into the basement common area with the plumber. She's not pulling the shower curtain around the back of the tub probably since it's running into the basement from under the toilet. I gave her notice that he will be there on Monday afternoon. He will install a hand shower and one of those plastic splash preventers. When she is out I will get a construction guy to build a wall at the end of the tub on that one side. I had that done upstairs also. I gave her a full shower liner that wrapped around the back of the tub. I guess it got dirty and she didn't replace it.

It's a great old house from the early 1950s so a little water won't hurt it. --73.33.xxx.xxx




What would you do? (by Wilma [PA]) Posted on: Aug 12, 2017 9:21 AM
Message:

Just a thought, Miss Ally - I know that our local courthouse, which is on a hill and has parking pretty far downhill, has to provide a shuttle for people with mobility problems. If you need to go to yours, you might want to call and check on that. --71.175.xxx.xxx




What would you do? (by AllyM [NJ]) Posted on: Aug 12, 2017 1:53 PM
Message:

Wilma, I have done jury duty three times. You would laugh if you knew what Miss Ally made happen from all that. Changed a NJ law actually or precedent anyway. Its been changed back though. Got a really bad guy charged with murder instead of the lower assault charge the lazy lawyers wanted. I have taken tenants to court three times. That's a hellish area that I want to stay out of. If she overstays I will reconsider that. --73.33.xxx.xxx



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