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  1. #1
    Join Date
    Apr 2017
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    2

    Default What Costs Can a Landlord Recover After Evicting a Tenant

    My question involves landlord-tenant law in the State of: New Jersey

    I am evicting a tenant on Monday and was wondering if you could help answer these questions.

    1. Is the tenant's security deposit entirely forfeit? The tenant owes about 10 days of unpaid rent. Can I keep the entire amount?

    2. In terms of storage costs and cost of moving the tenant's possessions, can I sue for these costs in addition to keeping her entire security?

    3. Must the tenant pay the storage cost and moving costs prior to obtaining her property from storage?

    4. After the eviction, can I hold the tenant responsible for the amount of time the home is empty? For example if it takes me 3 months to rent it, can sue her for 3 months of rent?

    Thank You.

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: What Costs Can a Landlord Recover After Evicting a Tenant

    Don't know much about being a landlord, do you? I can only give you general information. You had better learn the statutes yourself if you expect to continue being a landlord.

    1. Is the tenant's security deposit entirely forfeit? The tenant owes about 10 days of unpaid rent. Can I keep the entire amount?
    No.

    You cannot profit from the tenant's breach. You can only apply the deposit to your actual, verifiable, monetary loss.

    2. In terms of storage costs and cost of moving the tenant's possessions, can I sue for these costs in addition to keeping her entire security?
    You can sue for any costs necessitated by the tenant's breach. Though I don't see why you would be involved in paying for moving and storage of the tenant's property.

    3. Must the tenant pay the storage cost and moving costs prior to obtaining her property from storage?
    That you are going to have to look up yourself.

    4. After the eviction, can I hold the tenant responsible for the amount of time the home is empty?
    Generally, yes, but you would have to show that you made efforts to re-rent with the same terms and conditions as soon as reasonably possible. That's not your definition of reasonable, it would be the judge's definition of reasonable.

    Here's a guide that will help you figure out what your obligations are:

    http://www.lsnjlaw.org/Publications/...antsRights.pdf

    Where statutes are cited you would be wise to look them up for the exact wording and don't just rely on the guides:

    http://law.justia.com/codes/new-jersey/2016

  3. #3
    Join Date
    Apr 2017
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    2

    Default Re: What Costs Can a Landlord Recover After Evicting a Tenant

    Well, I have been a landlord for 10 years, but have never found myself in this type of situation. I thank you for the information.

    IN terms of storage and moving, I would be paying to move her belongings from the premises, as I need it empty for the next tenant once he/she is found. I doubt she is going to pay for the storage or moving costs, especially since I have her security.

    I read the booklet you sent, she can actually get back into the home after evicted, then all this could be for nothing. How often does that happen? She does have a small child.

    Thank you again for your expertise, it did help me.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: What Costs Can a Landlord Recover After Evicting a Tenant

    Well, I have been a landlord for 10 years, but have never found myself in this type of situation.
    I had rentals for 20 years. Got burned often. Got rid of them in 1998 and was happy to have them gone.

    IN terms of storage and moving, I would be paying to move her belongings from the premises, as I need it empty for the next tenant once he/she is found. I doubt she is going to pay for the storage or moving costs, especially since I have her security.
    Oh, so she's gone already and you are seeking a writ of possession?

    Check out 2A:18-72 to 82 about tenant's abandoned property.

    http://njlaw.rutgers.edu/cgi-bin/njs...le=2A&chapt=18

    Follow the procedures to the letter for your own protection.

    I read the booklet you sent, she can actually get back into the home after evicted, then all this could be for nothing. How often does that happen? She does have a small child.
    I've read a lot of posts from NJ over the years. NJ is tough on landlords. Anything can happen. That's why you've got to make sure you create a solid paper trail with photos to back you up.

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