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.

AllyM,

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

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)

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.

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.

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.

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.

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,

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.