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  1. #1

    Default Can a Landlord End a Lease Over a Pattern of Late Payments and Unauthorized Guests

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

    I have a tenant who moved in 11/1/18, lease states that rent is due on the first of the month. The rent is consistently late, 3, 5 and 6 days as well as not yet being paid for Feb. This tenant also has overnight guests. The lease states that guests can not stay more than 10 times within a calendar year without written permission which I have not given. They have already exceeded the 10 days for 2019. On the issue of rent, I am often given the run around and get told that I can pick it up at a certain day/time and am told for one reason or another that I need to come back or that they will drop it off at another time. I often get the impression that they are just doing this to be difficult. I am wondering if I can terminate this lease due to the repeated violations. Also there were a few times I needed to have contractors come to the house to make repairs and the contractor was either denied access or no one was home. In all of these instances the time was mutually agreed upon between the tenant, contractor and I. When I come to the house to pick up rent, meet contractors, or address issues the apartment often smells like they have been smoking weed. I would like to begin the eviction process or terminate this lease and would like to know the best process to follow.

    Thank You

  2. #2
    Join Date
    Dec 2012
    Posts
    1,005

    Default Re: Bad Tenant, Late Rent, Other Violations of Lease Grounds for Eviction

    1. Read up on the statutes for your state regarding the process of evicting a tenant for 1.failure to pay rent and/or 2. violations of a lease.

    2. Hire an attorney familiar with the process of evictions for New Jersey (which tends to be a VERY tenant friendly state).

    Gail

  3. #3
    Join Date
    Mar 2013
    Posts
    16,761

    Default Re: Bad Tenant, Late Rent, Other Violations of Lease Grounds for Eviction

    Quote Quoting miserableloser
    View Post
    I would like to begin the eviction process or terminate this lease and would like to know the best process to follow.
    Please don't be insulted by this comment. Some people just don't have what it takes to be a landlord and your post indicates that you are one of them.

    Seriously consider selling the place after you get this tenant out because it's only going to keep on happening with other tenants. I had 20 years of it before I got smart enough to get out. You be smarter, sooner.

  4. #4
    Join Date
    Jan 2019
    Posts
    6

    Default Re: Bad Tenant, Late Rent, Other Violations of Lease Grounds for Eviction

    I don't agree that you need to get out as a landlord. But you do need some changes. It sounds like #1, you need to vet your tenants better. My advice, is to take their app and have a 3rd party company accept or not but also do your own due diligence on the internet and ask them questions. My best vetting is done with me interviewing them, or just talking with them during a showing. You can learn a whole lot by talking with someone face to face for awhile.

    #2, Create a PO box or have them auto pay through Bill Pay or some other means. Do NOT go get payment from them. That puts you at a disadvantage both with them (as you have shown) and possibly in court. If they don't pay by the date due, in my state the 5th, go to immediate eviction. They will get the picture very quickly, and either change or get out. Either way, you maintain the upper hand.

    #3, they broke the lease when they stopped your workers from coming in. Give a 14 day perform or quit notice, stating where they broke the lease, and if it happens again, evict. Again, they will rectify the situation or leave.

    #4, I would have stated the fact that it stinks in here and it smells like weed. I would send a 14 day notice to get the inside up to whatever your lease states. Even if it is subjective, it is something that they will have to rectify.

    You are dealing with children and treating them like adults. They will take advantage of that and they are. Send one eviction notice immediately and you will see a big change.

    I have had the experience that being a landlord is a game, most tenants are easy but some you need to keep the upper hand at all times.

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