Tenant changes the locks

[bongovi]

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

If I go to my rental for a showing & the locks are changed, can I call a locksmith to gain entry?

 

[Alaska landlord]

Not unless you gave prior notice that you are going to be there. Best advice is start eviction proceedings and show house once tenants are gone. Trashed out houses and irate tenants make lasting impressions.

 

[acmb05]

Not unless you gave prior notice that you are going to be there.

No notice is required in New Jersey.

Best advice is start eviction proceedings and show house once tenants are gone. Trashed out houses and irate tenants make lasting impressions.

Have to give a notice to cure or quit first.

 

[BL]

No notice is required in New Jersey.


Have to give a notice to cure or quit first.

Better than one size fits all .

Get the locksmith .

 

[bongovi]

How do I give notice to quit? We have sent Cert letters, emails & calls....he's ignoring us! I did get him on the phone today & said I'd be there Monday....he said I'm not "allowed" in...

 

[ecmst12]

Please keep all questions about the same situation in ONE THREAD. Do not start new threads about the same problem.

 

[Gail in Georgia]

Focus on getting this tenant out of your unit before you even consider trying to get someone in to see it.

His refusal to pay rent for August that you brought up in a previous posting is an exellent reason for beginning the eviction process. He's opened the door to let you begin this.

Gail

 

[Alaska landlord]

No notice is required in New Jersey.


Have to give a notice to cure or quit first.

It stands to reason that op must begin the eviction process by issuing a notice to cure.
Op,
Once you decide to proceed further you stop all communication with the tenant. That includes phone calls, calls from his attorney and emails if any. You also avoid direct contact with your tenant. Continued contact only give ammunition that could be used in court against you.

 

[BL]

There is NO statue to enter in NJ .

There needs to be NO notice to quit , denying entry .

The LL can gain access any time through reasonable means .

Although I'd start evictions by legal means .

Tenants such as this need to be put out ASAP .

Then repair/deduct , and re-rent .

Take some LL courses .

 

[Alaska landlord]

Notices required before an eviction suit
The Anti-Eviction Act requires that for every cause for eviction except nonpayment of rent, the landlord must serve you with a notice to quit and, in some cases, a notice to cease. In general, notices must specify in detail the cause of the termination of the tenancy (why the landlord wants to evict you). Cite: N.J.S.A. 2A:18-61.2. Other notices, such as a notice to cease, must state precisely and in detail the nature of the offense and the conduct that the landlord wants the tenant to cease. Cite: Carteret Properties v. Variety Donuts, 49 N.J. 116 (1967). Specific detailed notices are required and are extremely important for a number of reasons. A tenant must know exactly the conduct that the landlord wants the tenant to cease, so that the tenant can stop the conduct and avoid eviction. A tenant must know exactly why the landlord is terminating the tenancy so that a tenant can know how to prepare for the trial.

Landlords must “strictly comply” with notice requirements and, if they do not, the eviction action should be dismissed. Cite: Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116 (1967); Housing Authority of the City of Newark v. Raindrop, 287 N.J. Super. 222 (App. Div. 1996); Bayside Condo, Inc. v. Mahoney, 254 N.J. Super. 323 (App. Div. 1992). Please see Chapter 9, The Causes for Eviction, for the causes for eviction and the notices that are required for each cause. See also Failure to follow federal notice requirements and procedures.

 

[BL]

Notices required before an eviction suit
The Anti-Eviction Act requires that for every cause for eviction except nonpayment of rent, the landlord must serve you with a notice to quit and, in some cases, a notice to cease. In general, notices must specify in detail the cause of the termination of the tenancy (why the landlord wants to evict you). Cite: N.J.S.A. 2A:18-61.2. Other notices, such as a notice to cease, must state precisely and in detail the nature of the offense and the conduct that the landlord wants the tenant to cease. Cite: Carteret Properties v. Variety Donuts, 49 N.J. 116 (1967). Specific detailed notices are required and are extremely important for a number of reasons. A tenant must know exactly the conduct that the landlord wants the tenant to cease, so that the tenant can stop the conduct and avoid eviction. A tenant must know exactly why the landlord is terminating the tenancy so that a tenant can know how to prepare for the trial.

Landlords must “strictly comply” with notice requirements and, if they do not, the eviction action should be dismissed. Cite: Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116 (1967); Housing Authority of the City of Newark v. Raindrop, 287 N.J. Super. 222 (App. Div. 1996); Bayside Condo, Inc. v. Mahoney, 254 N.J. Super. 323 (App. Div. 1992). Please see Chapter 9, The Causes for Eviction, for the causes for eviction and the notices that are required for each cause. See also Failure to follow federal notice requirements and procedures.

What makes you , or the requirements you state , controlling of the right to change entry locks ?

Your one size fits all does not apply , nor does the notice to cure .

NJ statutes prevail . There is no statute for entry .

 

[Alaska landlord]

What makes you , or the requirements you state , controlling of the right to change entry locks ?

Your one size fits all does not apply , nor does the notice to cure .

NJ statutes prevail . There is no statute for entry .

New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service
Jon S. Corzine
Joseph V. Doria, Jr.
Governor
Commissioner
RIGHT OF ENTRY
February 2008
This bulletin provides a brief summary of the statutes pertaining to: forcible or unlawful entry and
detainer; forcible detainer; and unlawful detainer, pursuant to N.J.S.A. 2:A:39-1 et. seq. These are
three separate provisions that address the issues of unlawful entry to a rental unit and the unlawful
withholding of a rental unit (detainer). This bulletin is for informational purposes only and should
not be used for legal interpretations or legal advice. Please consult an attorney for legal services
and advice when necessary.
In general a landlord does not have the right to enter the residential rental premises without consent
of the tenant or a judgment from the Superior Court of New Jersey. Even if given legal authority to
enter the rental premises, the landlord may only enter in a peaceable manner. The landlord may not
use force or violence or the threat of force or violence to gain entry to the premises.
Providing the landlord with a key
If there is no lease provision or written rental rule requiring a key to be given to the landlord, a
tenant is not required to provide a key for the landlord. In New Jersey there is no law that requires a
tenant to give a landlord a key to the rental unit. There is also no law that prohibits a landlord from
keeping a key to a rental unit. A tenant disputing the landlord’s right to a key can simply refuse to
provide the landlord with a key. The landlord may then seek an action for eviction based on the
tenant’s refusal to comply with reasonable lease provisions. The judge would then decide if it is
reasonable for the tenant to supply the landlord with a key.
Forcible or unlawful entry and detainer
A landlord shall be guilty of an unlawful entry and detainer, if the landlord enters the rental
premises peaceably or forcibly and then detains (keeps or takes possession of) the property by force
or the threat of force or if the landlord enters the rental unit and removes the tenant’s personal
property without the consent of the tenant or a judgment from the Superior Court of New Jersey. If
a landlord enters a tenant’s unit while the tenant is not home, this is considered forcible entry.
Forcible detainer
A landlord shall be guilty of forcible detainer, if the landlord enters the rental premises forcibly or
legally, with the tenant’s permission or a court order, and then uses force to detain the property.
________________________________________
Page 2
Unlawful detainer
If any tenant willfully and without force, holds over (remains) at the rental premises after the tenant
has been given a written notice demanding delivery of possession (notice to quit) of the rental
premises from the tenant to the landlord, the tenant shall be guilty of an unlawful detainer.
If a tenant is guilty of unlawful detainer, the tenant shall pay the landlord double the rent for as long
as the tenant holds over. In addition, if a tenant after giving notice that the tenant will be quitting
the premises, holds over, the tenant shall pay double the rent for the holdover time that the tenant
possesses the premises.
Filing a Complaint for unlawful entry and detainer
Any legal action for a forcible unlawful entry and detainer, forcible detainer and unlawful detainer
shall be brought before the Superior Court, and the court may hear and make a determination in that
action. If a landlord enters the rental unit unlawfully, a trespass complaint may be filed with the
local police department, under the New Jersey Criminal Code for “defiant trespass”.
A tenant or landlord depending on the judge’s decision shall be entitled to possession of the real
property and shall recover all damages that may have been caused by the unlawful entry and
detainer, including court costs and attorney’s fees. When it is not appropriate to return the person to
possession of the premises, triple damages shall be awarded.
Access to the property
Pursuant to State regulations governing the maintenance of multiple dwellings, N.J.A.C. 5:10-1.1 et
seq., the Bureau of Housing Inspection or an authorized representative has the authority to enter and
inspect at any reasonable times any multiple dwelling units. A multiple dwelling is a building with
three or more independent dwelling units. It is the duty of the landlord to notify the tenant when the
Bureau of Housing Inspection has scheduled the property for an inspection.
The same regulations provide that upon reasonable notification tenants must give the landlord and
the landlord’s employees access to the dwelling unit for the purpose of inspection and maintenance.
Reasonable notification is normally one day. However, in the case of safety or structural
emergencies immediate access shall be granted.
Consent of the tenant is required for inspection of the tenant’s private living quarters, except in the
following cases:
1. In case of emergencies where a condition exists that pose an immediate threat to the safety
or health of persons using or near the premises.
2. Where access to any premises has been denied and inspection is desired to implement the
policy of the Bureau of Housing Inspection.
A landlord may request entry to a rental unit to perform other services or to show the unit for re-
renting or sale. However there is no law that obligates a tenant to allow a landlord access to the
rental premises for purposes other than inspection, maintenance and repair. Therefore, the issue of
entry in other cases should be addressed in the terms of the lease.
http://209.85.141.104/search?q=cache:wc_Qyi4Lx9AJ:www.state.nj.us/dca/codes/lt/pdf/right_of_entry.pdf+NEW+JERSEY+LANDLORD+RIGHT+OF+ENTRY&hl=en&ct=clnk&cd=12&gl=us

 

[Mr. Nice]

There is NO statue to enter in NJ .
There needs to be NO notice to quit , denying entry .
The LL can gain access any time through reasonable means .

This is some dangerously bad advice. A tenant has a right to exclusive possession of the propertly whether or not explcity in the lease. See, e.g., Todd v. Jackson, 26 N.J.L. 525 (E. & A. 1857). This means they need to grant permission to enter or give whatever notice is required under the lease.

See also LSNJLAW - E: Chapter 4: Leases