Tenant owes 2 months rent and water heater broke

[fmoadab]

What is the name of your state (only U.S. law)?
I am here in NJ. I own a 3 family house that I have rented all units out all the units. One of my tenants owes 2 months rent adding up to almost $4500. This morning she called me to tell me that she has no hot water, and she actually thought that I shut off the water heater on her. I called a plumber to come to look at it and he has to change the main part in it which costs almost $400.
I am very squeezed with cash ever since she has not been paying her rent and I'd like to know if I have the right to refuse fixing the water heater till she pays her rent? By the way, I have filed a complaint in the court, and I am waiting to get a court date. Or can I tell her if she wants me to have it fixed, the least she can do is to come up with the repair amount. Thanks in advance for your advice.

 

[Banned_Princess]

What is the name of your state (only U.S. law)?
I am here in NJ. I own a 3 family house that I have rented all units out all the units. One of my tenants owes 2 months rent adding up to almost $4500. This morning she called me to tell me that she has no hot water, and she actually thought that I shut off the water heater on her. I called a plumber to come to look at it and he has to change the main part in it which costs almost $400.
I am very squeezed with cash ever since she has not been paying her rent and I'd like to know if I have the right to refuse fixing the water heater till she pays her rent? By the way, I have filed a complaint in the court, and I am waiting to get a court date. Or can I tell her if she wants me to have it fixed, the least she can do is to come up with the repair amount. Thanks in advance for your advice.

no. you have to fix the hot water.

continue with the eviction.

 

[sandyclaus]

What is the name of your state (only U.S. law)?
I am here in NJ. I own a 3 family house that I have rented all units out all the units. One of my tenants owes 2 months rent adding up to almost $4500. This morning she called me to tell me that she has no hot water, and she actually thought that I shut off the water heater on her. I called a plumber to come to look at it and he has to change the main part in it which costs almost $400.
I am very squeezed with cash ever since she has not been paying her rent and I'd like to know if I have the right to refuse fixing the water heater till she pays her rent? By the way, I have filed a complaint in the court, and I am waiting to get a court date. Or can I tell her if she wants me to have it fixed, the least she can do is to come up with the repair amount. Thanks in advance for your advice.

Regardless of whether or not the tenant is current on their rent, you still must maintain the property in a safe and habitable condition. That means that you MUST repair the hot water heater in order to re-establish hot water services to the property, as lack of hot water can be considered a habitability issue. You do not want to give this person ANY reason for delaying the eviction process, so you do not want to do anything that would give her an excuse to do so.

Find the money somehow to fix the hot water heater, and as BP stated, continue with the eviction to get her removed from the property once and for all.

 

[HomeGuru]

I agree with the 2 posters.

 

[Who's Liable?]

In addition, the OP's tenant could sue for a constructive eviction and win if the OP fails to fix the water heater.

 

[HomeGuru]

In addition, the OP's tenant could sue for a constructive eviction and win if the OP fails to fix the water heater.

**A: I doubt that it will be a slam dunk case though since before the heater broke the tenant was $4500 in arrears.

 

[sandyclaus]

**A: I doubt that it will be a slam dunk case though since before the heater broke the tenant was $4500 in arrears.

Maybe not a slam dunk, but it most certainly would muddy the waters.

Even though there was such a large arrearage, it COULD be argued that LL should have mitigated their damages by addressing the rent issue far sooner. And then there is still the requirement that, regardless of whether or not the tenant pays their rent, the LL is STILL required to maintain a specific level of habitability. No matter what, the LL is always required to provide certain basic services, including hot water.

 

[HomeGuru]

Maybe not a slam dunk, but it most certainly would muddy the waters.

Even though there was such a large arrearage, it COULD be argued that LL should have mitigated their damages by addressing the rent issue far sooner. And then there is still the requirement that, regardless of whether or not the tenant pays their rent, the LL is STILL required to maintain a specific level of habitability. No matter what, the LL is always required to provide certain basic services, including hot water.

**A: yes, I agree.

 

[OHRoadwarrior]

**A: yes, I agree.

So do I, however I would not make it a number one priority.

 

[HomeGuru]

So do I, however I would not make it a number one priority.

**A: I think agreeing with me should be your number one priority.

 

[Who's Liable?]

Maybe not a slam dunk, but it most certainly would muddy the waters.

Even though there was such a large arrearage, it COULD be argued that LL should have mitigated their damages by addressing the rent issue far sooner. And then there is still the requirement that, regardless of whether or not the tenant pays their rent, the LL is STILL required to maintain a specific level of habitability. No matter what, the LL is always required to provide certain basic services, including hot water.

Exactly. As long as the tenant still resides in said unit, the LL must maintain the premises regardless of monies owed.

 

[fmoadab]

Ok, Here is the latest. I went over to talk to my tenants who owe me $4500 and counting, and we got into a very heated argument and the next thing, he and his wife are pushing me out the door, and telling me to get the hell out and do whatever you want. I called the cops and I was told that I can go into the station and file a civilian assault complaint against both and then it will go before the judge. I am contemplating about this option, keeping in mind that I have a LL/Tenant court date of 10/31, and I hear from my other tenants that they have been moving small boxes of stuff out. I have mixed feeling about them being gone on 10/31, because I might have a though time collecting the owed amount. Any advice is appreciated. Thanks,

 

[fmoadab]

This is what I am most curious about. Is there any possibility that I can file papers with the court requesting my 10/31 date to be moved up to an earlier date due to extraordinary circumstances (him and his wife pushing me out the door, possible assault)?

 

[sandyclaus]

Ok, Here is the latest. I went over to talk to my tenants who owe me $4500 and counting, and we got into a very heated argument and the next thing, he and his wife are pushing me out the door, and telling me to get the hell out and do whatever you want. I called the cops and I was told that I can go into the station and file a civilian assault complaint against both and then it will go before the judge. I am contemplating about this option, keeping in mind that I have a LL/Tenant court date of 10/31, and I hear from my other tenants that they have been moving small boxes of stuff out. I have mixed feeling about them being gone on 10/31, because I might have a though time collecting the owed amount. Any advice is appreciated. Thanks,

This is what I am most curious about. Is there any possibility that I can file papers with the court requesting my 10/31 date to be moved up to an earlier date due to extraordinary circumstances (him and his wife pushing me out the door, possible assault)?

Since the police refused to file formal charges, then what they are advising you to do is to file your own complaint, which would be reviewed by the City/District Attorney to determine whether or not formal charges would be appropriate or worth pursuing. I'm thinking they probably wouldn't be, the reason being that you were in THEIR home, with THEIR permission, and when you refused to leave on your own, they forced you out. Once their permission was withdrawn, you could be seen as a trespasser, and they might be within their rights to use minimal force to remove you. But does that equal an assault charge? Probably not. And a judge is not going to expedite the eviction process because of something like this either.

It just seems to me like you are grasping at straws in order to expedite the process to evict these tenants. Had you pursued the actual unpaid rent in a more timely fashion, the amount unpaid wouldn't be so high and you wouldn't find yourself so desperate and rushed to have them removed.

The good news is that they seem to be moving their property out of the house, albeit little by little, and certainly not as quickly as you might like. And you should also keep in mind that even once the eviction is completed (providing it goes your way), all you will have is just a JUDGMENT for the unpaid rent amount still due. The judge can't order them to pay you what is owed right then and there, and even with a judgment, it still remains YOUR responsibility to collect the amount owed. Chances are that they will move out and disappear anyway, and you will be stuck with an difficult-to-collect judgment after all is said and done.

 

[OHRoadwarrior]

On a brighter note, you attempted to replace the water heater and they threw you out. You have this documented by the police. Now they are without hot water by their own choice.