Tenant wouldn't allow us access for showings

[bongovi]

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

We advised out tenant several weeks ago (Cert. & Reg mail) that we are selling the condo. We gave him first dibs & explained it would most likely take several months to sell & that he would get 60 days notice, as outlined in the lease.

He will not allow us ANY entry & says he'll charge us with criminal tresspassing. We had given him several dates to choose from....none worked for him. He says no one is allowed in unless he's there. He said we can't put a lockbox on either.

He then term. his lease on 8/1.....which is fine with us, however he advised us today that he's not paying the rent for Aug-told us to take it from his security.

What do I do now??? I don't have $650 for an attorney......HELP!

 

[ecmst12]

If he doesn't pay rent, serve him a 3 day notice (or whatever NJ requires) and if he does not pay or quit, file for eviction with the court. Security deposit is for DAMAGES, not rent.

 

[FarmerJ]

Study up your state laws and go see the clerk of the court and file suit for non payment after any special steps taken first regarding demand to be paid. Your tenant is obligated to pay rent , your entitled to be paid and IF the tenant denys you entrance with proper notice by doing something like changing locks then you have to figure out if you want to have the locks changed to a type that only a locksmith can service and go after the tenant for the cost.

 

[bongovi]

"If a tenant fails to pay "rent" when due, a landlord may immediately proceed to commence a summary proceeding to regain possession of the premises. A landlord is under no obligation to wait for its rent, accept payments late, or accept rent in installments. However, if on the "return day" (day of court) the tenant appears and is prepared to pay all "rent" which is due, the landlord must accept the tender and dismiss the case. N.J.S.A. 2A:18-55 provides:"

It doesn't look like you need to give a 3 day notice:
"Like almost any rule, there is an exception to the "no notice rule" for non-payment of rent cases. When filing a non-payment of rent case against tenants receiving (1) social security old age pensions, (2) railroad retirement pensions and (3) other government pensions, these tenants are afforded a 5 day grace period to pay their rent, presumably because their checks are sent to them on or about the first day of each month. (copy of the statute appears supra.) Likewise, tenants who participate in a H.U.D. subsidy program are entitled to the additional protection of federal laws that require a written notice be served upon the tenant prior to the filing of any action for eviction. "


BUT NJ has a LOT of laws. But start eviction immediately, as he may not actually move out, but squat if you don't start.

Get an NJ eviction lawyer/firm that specializes in this. It will be less expensive and it will make things go smoothly. If you don't have $650 extra in a bank account, you shouldn't be renting![/QUOTE]

Unfortunatly, I became disabled & have had about $60,000 in medical procedures this year....sometimes "life happens"

 

[Alaska landlord]

Non rent payer will clinch it for a sure win and you get the pleasure of blacklisting him.

 

[Gail in Georgia]

New Jersey is a TOUGH state for landlords.

If you're going to be one in this state you MUST be familiar with the tenant/landlord laws. These are available through a google search.

Gail

 

[Alaska landlord]

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