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  1. #1
    Join Date
    Jan 2011
    Posts
    4

    Default Eviction for Nonpayment of Rent, Smoking Inside the Premises

    My question involves an eviction in the state of: NJ

    I have been researching an eviction matter, and have come up with no specific answers regarding our eviction situation.

    My wife has a 6-month lease (which is noted on the lease as being seasonal). I looked up Jersey legal definition to seasonal rental and it notes seasonal is no more than 125-days, otherwise it is a standard rental.

    That is not our main problem. We moved in November 22nd and have been late once before on rent since the money order was lost in the mail. Later we sent a replacement to take care of it. We were on a weekly rent payment agreement until January 1st, which should technically be Jan. 3rd to complete the 6th week of tenancy.

    The way my wife's payday schedule is, fast forward to this month, it would not have been possible to pay a full months rent until Jan. 7th. The lease states that if rent is more than 10-days past due, eviction proceedings can commence.

    My wife worked doubles Friday the 7th, and never had the opportunity to cash her paycheck that Friday and was planning on contacting the landlord that Saturday after she got some rest. Saturday morning she woke up to a phone call that her mother was in the hospital and they were unsure if she was going to pull through. The hospital is over an hour away, and what rent money she did have was quickly eaten up in gas due to multiple trips to the hospital over the weekend and part of the week.

    It had also caused my wife a good amount of lost work since she missed 5 scheduled shifts.

    Fast forward to last week, my wife also came down with an illness 2-days after her mother was released from the hospital. As a result she missed more work and was also admitted to the ER on Sunday and been ordered to not work for 3-days.

    Being sick, she did not respond to the landlord's multiple text messages and phone calls. She could barely move and barely talk.

    Monday evening (last night), the landlord stopped by with a 3-day notice in hand for my wife to sign. The landlord also brought her brother, her wife and a police officer with, which from what I understand, under Jersey law a 3-day notice is not required, in fact, no notice is required to start eviction proceedings until a court date is set.

    To top it off, the landlord had a very nasty attitude and made verbal threats the whole time she was at our home in front of the officer. She attempted to force her way into the house, however the officer said she had to have my wife's permission to enter, which she gave in (not feeling well, she didn't want to argue), and allowed the landlord in to look around the house.

    When she came in, she complained of the smell of cigarette smoke (my wife had a cigarette in her hand), and said she was going to throw us out for smoking in the house and that it's a violation of the lease. There was never a verbal agreement or anything in the lease that states we cannot smoke inside. There was also damage to the door that she noticed, which we had planned on fixing but have not gotten around to.

    Also, a few weeks ago, our landlord told us she was planning on selling the house and that we must comply with her realtor by appointment to show the house, which I find to be a big inconvenience. I have found at least a few sites that the home has been listed for sale in the last week or so. It specifically states in the lease agreement "Landlord reserves the right during the last 60 days of the lease period to offer the property for sale or lease and to make appointments with the current tenant for the showing of the property. All appointments would be during normal business hours. IF THE PROPERTY IS FOR SALE DURING THE TERM OF THIS LEASE, SEE ATTACHED ADDENDUM."

    Which there is no attached addendum.

    My initial question, is the landlord in violation of the lease already since she has the home listed for sale? Our lease does not expire until May 20th. The 60-days noted in the lease doesn't come up until March 21st.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Nj: Landlord Threatening Eviction Due to Non Payment of Rent, and Now Smoking Ins

    Why do you think the landlord should be cordial when dealing with you? You think his bank is happy that he is late on the mortgage payment because you make your rent payments at your own convenience.

    If the property is sold, the lease is still in force. If you get evicted first, then it is moot. The landlord is free to list the property for sale at any time regardless of the explicit reservation in the lease.

  3. #3
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Nj: Landlord Threatening Eviction Due to Non Payment of Rent, and Now Smoking Ins

    But what about smoking inside when the lease does not explicitly prohibit doing so?

    We plan to show up on the day of court for the non-payment of rent with all past due rent money in hand.

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Nj: Landlord Threatening Eviction Due to Non Payment of Rent, and Now Smoking Ins

    Quote Quoting turbotrader
    View Post
    But what about smoking inside when the lease does not explicitly prohibit doing so?
    What about it. He's free to carp about it, but he can't evict you over it.

    We plan to show up on the day of court for the non-payment of rent with all past due rent money in hand.
    If the case is only for non-payment of the rent, then you can cure by paying this plus his court filing costs before the hearing starts.
    If there are other claims, just becoming current on the rent may not be sufficient.
    If the landlord won't take the rent because he is pursuing other claims, make sure you pay it to the court clerk.

  5. #5
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Nj: Landlord Threatening Eviction Due to Non Payment of Rent, and Now Smoking Ins

    Thank you for your insight. My wife does not have a habit of paying rent late, and in fact works double shifts just to make sure she has the money to pay it.

    I am confused about one more thing, however.

    When the landlord stopped by she also forced my wife to sign a form outlined below:

    It first starts with a notice that rent is due and the total amount.

    Then goes on to read:

    "You are further notified that payment of said sum due is hereby demanded of you and unless payment is made on or before the expiration of three days after service of this notice, your lease of the premises will terminate immediately. Only FULL PAYMENT of the rent and late charges demanded in this notice will redeem tenancy. Otherwise, keys are to be left on the kitchen table. Door closed and locked."

    My question is, did she inadvertently sign an agreement to cancel the lease, and does it matter that she felt forced and threatened into doing so?

    It seems to me that 3-people showing up (only one of which is the landlord named in the lease), and a police officer cannot be confused as anything but threatening.

    Thanks for your insight once again!

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Nj: Landlord Threatening Eviction Due to Non Payment of Rent, and Now Smoking Ins

    He can't evict you based on that without going to court. He's free to make it appear if it's pay up or get out, but if you chose to stay, he has to go to court on it.

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