How do I evict?

[bongovi]

What is the name of your state? New Jersey

OK, so my tenant had until May 1 to pay the balance of the deposit, today he sent me $200 of the $537 due. I am in NC the property is in NJ.....can I give POA to my Dad....what do I do now?

Thanks!

 

[Andy0192]

Your question requires more information before it can be fully answered.

Normally, a deposit is collected before a tenant moves in, yet the title of your post is "how do I evict?".

Did you allow someone to move in on May 1st without having the full deposit? Why are you using the term deposit?

Did you accept that $200? I'm assuming it was a check - did you cash it ?

Did you verbally agree to give the tenant some type of grace period to make payment on the security deposit?

Please answer those questions & you will get a more complete & correct answer to your question.

 

[Alaska landlord]

NJ is a very tenant friendly state with laws favoring the tenants.
Hire an attorney to represent you. Accepting partial rent may have been a mistake and you may not be able to evict till next month when the rent is again due.

 

[bongovi]

He moved in March 18. He was short $537 on the security deposit. We agreed to give him until May 1 to pay the balance. He did not, I told him if I did not recieve it by the 15th of May I would proceed. He sent $200, yes I deposited the check. He still owes $337 of the security deposit, outlined in the lease agreement, it was due May 1.

Thanks!

 

[Andy0192]

Accepting a partial payment, although it seems like a logical good idea (better to have some of the money, than none) could be construed as your acceptance of an extended payment period.

You're going to have to get some more direct advice from someone familiar with the exact terms of NJ law - but it doesn't sound to me like your tenant has broken his lease if he's current on the monthly rent. Security deposits aren't rent, and I've never heard of a lease where an incomplete payment of security deposit violated the lease. You are supposed to collect the security up front, before the tenant is allowed possession. By allowing him to take possession, and then accepting partial payments, I think you put yourself into a poor position.

-Andy

 

[bongovi]

Thanks Andy...I cashed the check because I need the $$ to pay that mortgage. This is the email I recieved from my trenant today.....also, in the lease it says either party can cancel with 60 day written notice....

Not to sure why you feel the need to keep threatening me. I don't appreciate your constant threats!

As for the eviction. First, I have never been late on the rent. Second, I never once stated that I would not pay! Third, you have no LEGAL grounds for eviction!

Now, what to do from here. I'm very upset with you and this situation. I can do a number of things from here, but that depends on your next move. I see you cashed the $200 check. I can pay you the $337 due when I get it. Or I can stop all payments and we can see this to court in a few months. I don't want this but I'm willing to take it there. Please advise me on how to proceed.

Further more, I'm sorry about what has transpired. Again, it was out of my control due to a pay error. I hope we can work through this conflict.

Ed

 

[Alaska landlord]

I am retracting my post. I was under the impression that the tenant only paid partial rent. I don't know why I thought that.

 

[Andy0192]

I tend to agree with your tenant on this one, you don't really have a reason to evict, if you let him in the house without a full security deposit.

You're going to have to decide, if waiting on the rest of the security deposit, is worth kicking him out in 60 days & then trying to find a new tenant. Good landlording means not putting yourself in a position where you can be taken advantage of. You already put yourself in a bad spot, don't make it worse. How was the guy's credit? Does it seem he will be able to get back on track ?

If you're dealing with a tenant who knows the rules better than you do, you're in a difficult spot. Don't let this end up being an expensive education. Do some reading online to find out your landlord/tenant laws & figure out what you need to do.

Good luck.

-Andy

 

[ecmst12]

If he stops paying rent, you can clearly evict him - and much quicker then "in a few months". Don't let him push you around.

 

[Alaska landlord]

I would write him a letter a stating that paying whenever he feels like it is not acceptable. That you are giving notice that he is to vacate within 60 days. Should he pay within the next 10 days I would reconsider but, until then any failure to withhold rent will be met with a 3 day notice followed by a notice to vacate. In the meantime granting a family member with limited POA might not be a bad idea.

 

[bongovi]

Thanks everyone. I know I made the mistake of letting him take possession without the full deposit, lesson learned. Is there nothing I can do considering the lease clearly states the bal will be paid by May 1, doesn't that hold him accountable?

I don't like that he's trying to push me around. Also in NJ you can't appoint POA for landlord/tenant**************

Thanks again

 

[Andy0192]

We agreed to give him until May 1 to pay the balance. He did not, I told him if I did not recieve it by the 15th of May I would proceed. He sent $200, yes I deposited the check.

You keep trying to negotiate with him, but you don't hold to your own deadlines. If he was supposed to have the balance on May 1st - you should have sent him notice then.

When you keep extending things, and accepting partial payments, you make it seem that you're not really serious about holding him to a deadline.

If every point becomes a negotiation, expect lots of delayed payments & continuing negotiations. Can you afford to kick him out? Can you afford to fight for 2 months of rent in court? If you can afford to wait him out, why do you keep giving him leverage by extending deadlines?

You never did say if your Tenant had a good credit rating. Did you check him out before renting?

 

[bongovi]

Andy, yes I checked his credit, it was fine. We are new at this & can't afford an attorney. We are simply trying to cover the mortgage until the market picks up in NJ and we can sell. We can't afford to carry the payment or take time off to fly up to NJ....I know we created part of this mess.....we are just trying to recover.