Selling House/tenant (by Christina [NJ]) Apr 12, 2019 11:39 AM|
Selling House/tenant (by NE [PA]) Apr 12, 2019 11:42 AM
Selling House/tenant (by Pmh [TX]) Apr 12, 2019 12:56 PM
Selling House/tenant (by WMH [NC]) Apr 12, 2019 1:12 PM
Selling House/tenant (by DJ [VA]) Apr 12, 2019 6:35 PM
Selling House/tenant (by Tony [NJ]) Apr 13, 2019 3:22 AM
Selling House/tenant (by Tony [NJ]) Apr 13, 2019 3:24 AM
Selling House/tenant (by AllyM [NJ]) Apr 13, 2019 6:57 AM
Selling House/tenant (by Christina [NJ]) Apr 14, 2019 7:50 PM
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Selling House/tenant (by Christina [NJ]) Posted on: Apr 12, 2019 11:39 AM
Hello Experienced Landlord,
I have sent a 90 day notice (NJ Law) to my current tenants advising them I am selling the house. Today the tenant advised me that it's not enough notice and they want to use their security deposit in case they do find another place to live.
I need to sell this house so I'm not sure what I do at this point.
Selling House/tenant (by NE [PA]) Posted on: Apr 12, 2019 11:42 AM
You keep the security until they are out and you inventory damages or the place sells. If it sells, it will be transferred to new owners as a credit on the settlement statement. --50.32.xxx.xxx
Selling House/tenant (by Pmh [TX]) Posted on: Apr 12, 2019 12:56 PM
you complied with the law & gave the notice as required. not your concern that they “need” the deposit to find a new place. deposit is returned after move out net. new owner gets credit on closing statement if renters still there. I have sold several houses occupied and every time the concern is what happens to them and the answer is only you will be paying rent to a different person & they still have original deposits on file. your renters may be worried they have to move bc new owner. assure them that any lease in effect carries fwd until expiration. here in TX it is illegal for tenant to “apply” deposit to rent. --70.119.xxx.xxx
Selling House/tenant (by WMH [NC]) Posted on: Apr 12, 2019 1:12 PM
Just as PMH said. --50.82.xxx.xx
Selling House/tenant (by DJ [VA]) Posted on: Apr 12, 2019 6:35 PM
Did you give them notice to move, or just that you are selling the house? As others said, they are not necessarily the same.
Either way, 90 days should be more than enough time for them to move - if that is required - especially this time of year. Not your problem - so don't worry about it - if they can't figure it out.
Just be professional & neutral in your response, if they corner you and you feel like you must give a reply. Like: You have been given proper notice according to NJ law. You will soon be receiving further instructions as to what you need to do to get your security deposit refunded to you.
When they follow those instructions, and leave the place spotless - they will have their security deposit to use for rent early in their new lease, WHEN - not IF - they find another place to live.
Selling House/tenant (by Tony [NJ]) Posted on: Apr 13, 2019 3:22 AM
Not enough info. Are they in a current lease term or month to month? You have a lot of great - experienced people chiming in here but this is very state specific. I suggest you contact a LL/tenant attorney. You might have to "buy" them out. Note: From a civil law perspective, tenants cannot just declare they're using their security at the end, but they sometimes help themselves anyway. We can't call the "security deposit" police on them. If you don't know a specialty attorney, call your county courthouse - special civil part - and ask for names of attorneys who appear for LL/tenant attorneys. They can give names but WILL NOT recommend any particular one. You might be lucky and get the specifics you need from a free phone consultation. Good luck and please let us know how this goes for you. --73.215.xxx.xx
Selling House/tenant (by Tony [NJ]) Posted on: Apr 13, 2019 3:24 AM
Meant to add - phone consultation with an attorney. --73.215.xxx.xx
Selling House/tenant (by AllyM [NJ]) Posted on: Apr 13, 2019 6:57 AM
If they have a year lease then it transfers to the new owner. Explain to them that you will need to transfer the security deposit to the new owner if the tenant expects to continue the lease and stay there. THE TENANT DOES NOT HAVE TO MOVE OUT. The lease stays in effect. They are afraid they will not get their security back if they want to move out because of some damage they did. Have you been in the house and is their damage? If you need the tenant to move out for the new owners you will have to PAY THEM and this is called Cash for Keys here. Telling them that it is for sale does not mean that they have to leave. That is a whole different issue. I paid tenants to leave because they were wasting the back yard with junk and had a fire. Just crazy drunks my mother rented to before I took over. I gave them two grand to get out and then sold the property because it was up against a shopping center and a block from the rest of my units and had little parking so it was hard to do the landscaping, snow removal etc. Good luck. I have been doing this since 1994 here in NJ so pay attention. --173.61.xxx.xx
Selling House/tenant (by Christina [NJ]) Posted on: Apr 14, 2019 7:50 PM
Thank u. I wanted to give more exact details. Their lease ends May 31st, 2019. I was late in sending the tenants their 90 day notice letter and so I gave them until June 30th to move out which is the full 90 days.I sent it and the tenants received the letter.
Fast forwarding, this past Friday, my husband was at the tenants house making a repair, and the tenants were giving him all sorts of excuses why they can't/won't be able to find another place,etc.
Today, my husband had to go back to the tenants house to finish up the repair and finds a puppy in one of the rooms. My husband then goes outside in the backyard and sees dog poop everywhere!
They are Always late with their rent payments
And now they go and get a dog. This rental property is a no pet policy.
I'm going to see an attorney tomorrow.
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