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Tenant being evicted in the middle of the month, responsible for rent?

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Junior Member
What is the name of your state (only U.S. law)? NJ

I have a tenant who is always late on paying rent. I issued the tenant 2 notices to cease and 1 notice to quit. Then I filed for possession. He didn't show up to court then on the day of the lockout she went to court and the Judge ordered me to come and show cause.... Even though I did that already (on August 12)... I went today September 2nd and showed cause (quit notice, rent receipt). The judge gave the tenant 7 days extension for orderly removal. Now here is my question.
Can I deduct the September rent from the security deposit even though he is staying until September 9? I won't be able to find a tenant till the 1st of next month and that's why I want to do that.


Junior Member
Can you explain why I can't? She broke the agreement by not paying on time when the rent is due. There is a lease in effect.


Senior Member
No, the lease is not in effect. Remember you evicted them.

You cannot deny them use of the premises and still charge them for the use of the premises.

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