Do I need to send a Notice to Quit to tenants for damages?

Question

Hi All,

I had new tenants (students) move-in in September, and 1 week after moving in I had to let the water company in to change the meter. I couldn't believe what I saw! The place was party central!!  Beer pong tables set -up in the living room, empty bottles of vodka all over the place, garbage piled up in kitchen. Food thrown into kitchen sink., on and on,,,,

So, I left there saying I was going to evict and once I calmed down and spoke to the parents, they begged and pleaded with me to give them a second chance. Well I gave in and did. So now, it's winter break and I sent out an email to all (including parents), saying to be sure to leave the heat on 50 degrees while away, and that I would be going there to check the filter in the furnace. I went there on the 27th of December, and it was extremely cold in the house, so I looked at the thermostat, and it was on 64 degrees.  I then turned up the thermostat, and it never came on!!

So, to make a long story short, I went to the basement and the emergency switch was turned off. So no heat had been on in the house.!! I was livid, that if I hadn't gone there, over the next couple of weeks, the pipes could have froze. In addition to no heat, there were numerous other damages throughout the house, door knobs ripped out, holes in interior doors, a/c cover missing/broken, fast-food bags laying around half eaten, bottom basement step broken.

I am sick about it  and  want to evict them, because it's not going to get any better.  It is now December 27th, and I have a letter written out in email but I am hesitant to send to the students and parents because it is so close to rent time, maybe I should wait until the 5th of January, so that I get January's rent first?  I'm also worried that if I do try and evict them, they are probably likely to do other damage, before our court date.  I found a form online today for a "Notice to Quit", which gives them 3 days to leave. We all know this won't happen, but I do want to follow the legal procedures.   So does anyone have any input on what I am and have been doing so far. I can't imagine what it would be like to have them for another 5 months.

My questions are: do I send the Notice to Quit in an email right away?   Or, do I wait and send in beginning of January.

Second, what can I do to not have the tenants totally destroy the house, before going to court?

Trish

Marcia Maynard · Answer

@Trish Murphy  Although you want them out now, you need to follow landlord-tenant law for your jurisdiction.  Yes, they have failed to follow the terms of your rental agreement and what you asked them to do about the heat (was that agreed to in writing?), but you can't legally do this in the manner you indicate. Did you serve them with a Notice to Cease prior to serving the Notice to Quit? How did you serve the notices?  You had best obtain the services of a competent attorney. It's imperative that you know and abide by the landlord-tenant law for your jurisdiction. Also, keep in mind every move you make will elicit a counter move; be prepared.

Shawn Mcenteer · Answer

@Trish Murphy this sounds like a rough situation you are in, I think the Quit Notice is going to make things much more difficult.  You need to reach out to your attorney asap. There are way to many variables at play here for one person to give you an answer you are confident with. My initial thoughts are work it out with tenants, see lease out and do not renew lease.

Marcia Maynard · Answer

@Trish Murphy

So sorry about your situation.

Here are some resources you may find helpful:

https://www.state.nj.us/dca/divisions/codes/office...

https://lsnjlaw.org/Publications/Pages/Manuals/Ten...

Eviction should be a last resort, as it results in a lose-lose. It will cost you more in time, money, and anguish.

You may fair better by negotiating an amicable move-out. Certainly seems to be time to talk with your tenants about a move-out plan. Your recent email to them is jump starting this discussion, so not all is lost.

Your goal should be to regain possession of your property as quickly as you can and to mitigate further loss (property damage and money). Listen to my podcast #83 for tips on landlording and talking with tenants.

You need to be fairly compensated for the property damage, so that needs to be covered in your discussions.  We require tenants to pay for damage as it occurs or as we discover it. This is effectively done by means of a demand letter that itemizes the damages and the costs. Don't wait until move-out, as the security deposit is rarely enough.

Trish Murphy · Answer

Hello all,

I recently was able to remove my tenants from this property by giving them a "Notice to quit", and sending to the parents as well as the students. I basically told them if they didn't want to cooperate, they I would be taking them to court.

They agreed. Now on to the next step, which is the security deposit. As of now, the damages come to almost $2,000., out of a $3,000 security deposit. I am trying to find out if the lost rent for the month of January (since I need time to make repairs), could also be taken from the security. After all, it was through no fault of my own that I lost rent for the month of January. My question is, am I legally able to recover any of this lost rent?

I am not looking to take these people to court, however, I would like to be compensated, since I cannot put it on the market for rent until hopefully February 1st., after repairs are made.

Maurice Hayes · Answer

I'm not an attorney. This is not legal advice but from my understanding you would have to serve them with a Notice to Cease before you serve them with a Notice to Quit. NJ is a tenant friendly state. I've heard each county is different but from my experience evicting tenants for reasons outside of non-payment is difficult. I've been through 5 evictions this year. I would MAIL the notice to cease certified (not email) BEFORE you send out the notice to quit. You need physical documents to present to the judge. I personally send them certified as well as have the tenant sign and date them if I can get in touch with them. I would put a lock on the door to the basement. You do not want to give them assess to the basement. This will always turn out bad. Trust me. I understand you are upset but I would try my best to handle this outside of court. Attorney's around here can charge upwards of $1K. There is Turboevict which says they are cheaper but I haven't got around to needing them yet. I wouldn't go the route you are going. I don't think you would win in court.

Odie Ayaga · Answer

@Trish Murphy rentals aren't my arena, but I was under the impression that there were limitations on how much rent you could accept upfront in NJ and that 9 months would be in violation of that. Don't take my word for it, but you may want to check on that and maybe get some input from Jersey landlords who are more familiar with that part of the landlord-tenant law than I am. It may only pertain to how much you can accept as a security deposit, but if so, and you are holding onto it as if it were a security deposit it may affect how you proceed forward.

Robert S. · Answer

@Trish Murphy

If you don’t mind sharing, did the parents co-sign the lease?  What town and what college?

Trish Murphy · Answer

A response to my email was given, and I would like to run it by this forum before I answer them. The one tenant that did not have credit paid their rent for the 9 months upfront. He is asking to receive this back, before he moves out, so that he has another place to go.

I want to tell him that I need to hold onto any monies paid upfront, until after I get back the estimate for the damages, but on the same hand, I want them out. So, should I agree to pay him back his money in the next 3 days so he agrees to move out by then??

A timely response to my question would be appreciated.

Trish Murphy · Answer

New Jersey. I just sent out the email today with the NOtice to Quit attached, to be out by the 31st of this month. There is a group of 4 students, that I'm afraid that even if only 2 or maybe 3 move out by the end of the month, then the other 1 or 2 will stay there. Then who do I put the lawsuit against?

Dennis M. · Answer

@Trish Murphy

What state is this in ?

Do I need to send a Notice to Quit to tenants for damages?

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