Common Questions/Comments/Challenges that our firm has handled from our valued Clients:
The lease has ended, why can’t I just evict?
- Just because a lease is over does not mean you can evict someone. There are ONLY 19 reasons to evict someone. Of those 19 reasons, none are just because the lease is over.
Below are the main reasons for evictions:
- nonpayment of rent, generally (typically, notice is not required)
- Lease and rule violation (notices are required)
- Failure to pay reasonable rent increase (notices are required)
- Failure to sign a lease agreement (notices are required)
- Habitually late rent (notices are required)
- The landlord wants to occupy the property for their residential use. This means the landlord has to move into said property!! (notices are required)
https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf
Security Deposits:
Where is my Security Deposit?
- You must notify your tenant in writing within 30 days of receiving the security deposit with the following information:
- The name and address of the banking institution
- If you move the security deposit to a new banking institution
- What the interest rate is (all security deposits should be placed into an interest baring account) You must pay the interest annually.
- Upon move out, you have 30 days to return the security deposit to the tenant less rent due and damages.
https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/secty_deposit_bulletin.pdf
Rent Increases & Leases
Important reminders as to what should be included:
- Your lease and/or rent increase notices say:
- Any back due rent is not waived
- Any notices to cease or notices to quit are not waived
- Rent increases for Residential Properties
- A notice to quit sent regular and certified mail for proof of delivery.
- Notice must also say: “This does not waive back rent due, notices to cease or notices to quit”
https://www.nj.gov/dca/codes/publications/pdf_lti/rnt_incrse_bultin.pdf
Abandoned Property:
- When a tenant moves out you need to give them 30 days after delivery of the written notice or 33 days after the date of mailing and 78 days for a mobile home..
- The written notice should include that the tenant (s) must remove their personal property.
- If there is an order for orderly removal, after 30 days you can dispose of the personal property.