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All Forum Posts by: Bob Stein

Bob Stein has started 15 posts and replied 35 times.

Post: How to deal with partnership

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3

Hi, all. I recently inherited a rental property with other heirs. The deed is listed in the name of us all as tenants-in-common. How is such a thing managed? Who's name is the rent paid to? How do we deal with disagreements? Any advice would be appreciated.

Thanks

Post: Multi-family and commercial listings

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3

Hi, all. Finding listings for single family properties is simple, ie, Zillow, etc. Where are multi-family and commercial properties listed? Thanks

Post: Rent increase in lease option

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3

Hi, all.

A 5 year lease give a 5 year option to extend. It states:

Landlord hereby grants to Tenant the option to extend the term of this lease for an
additional period of five years, commencing when the prior term expires, upon the
same terms and conditions as are provided for herein.

The original lease states:

Can the 5 year extension be raised more than 1% each year or is it capped at that 1%?

Thanks

Post: Rent increase in lease option

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3

Hi, all.

A 5 year lease give a 5 year option to extend. It states:

Landlord hereby grants to Tenant the option to extend the term of this lease for an
additional period of five years, commencing when the prior term expires, upon the
same terms and conditions as are provided for herein.

The original lease states:

Can the 5 year extension be raised more than 1% each year or is it capped at that 1%?

Thanks

Post: Cat dander in carpet

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3
Originally posted by @David Clay:

I'm a little confused. You said earlier that it was a pet-free rental, but you have this clause in your lease? 

They had an approved dog and paid for it. The issue is that they also had an unapproved cat and the cat dander is causing the new tenant, who also has a dog, trouble. The house is an A property, so new carpet is around $2k. My cleaning guy said a good cleaning is $500 and it may not remove everything.

Post: Cat dander in carpet

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3

Thanks all for the replies. I'm still left with the following questions:

  1. I never made any indication to them that I saw or agreed to the cat. Now that there's dander, can I withhold the pet fee and pet rent retroactively?
  2. No one is coming in to clean until after the shutdown. Can I withhold ample funds until after the shutdown and return the rest?
  3. Can I charge any fee over the actual cleaning cost for the time and effort?

Thanks

Post: Cat dander in carpet

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3
Originally posted by @Bill B.:

Sounds good @Bob Stein so you do know what you’re risking. If they vacuumed and cleaned (all they were required to do by lease.) you’re risking the judge giving the tenants twice as much as you withhold if you don’t win. So if you think you’ll win 75% of the time in court you’re a little less than 10% better off than just paying for it yourself. 

In the general terms, it says carpet must be vacuumed and cleaned. However, in the pet section it says:

Tenant agrees that any damage to the exterior or interior of the Premises, grounds, flooring, walls, trim, finish, tiles, carpeting, or any stains, etc., caused by the pet/s will be the full financial responsibility of the Tenant and that Tenant agrees to pay all costs involved in the restoration to its original condition. If because of any such stains, etc., said damage is such that it cannot be removed, then Tenant hereby agrees to pay the full expense of replacement.

Is dander and hair considered damage?

Post: Cat dander in carpet

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3

...

Post: Cat dander in carpet

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3
Originally posted by @Bill B.:

As long as you forgot to do a final walkthrough with your leaving tenant and didn’t mark acceptable on everything. And I assume your lease says carpets will be professionally cleaned on move out and they can’t provide a receipt saying it has been, you might have a chance. Just remember many states pay tenants triple damages if they don’t get all owed security deposits returned within 30 days. So make sure all the above boxes are checked to avoid losing way more than paying for it yourself. 

Originally posted by @Michael King

You won't be able to charge for the replacement carpet I don't think, unless you can prove to a court that they did excessive wear and tear. Based on your post, it doesn't sound like you have that. You have limited time in NJ to return the deposit, or balance of it with a disbursement (and quote for cleaning the carpet). It's 30 days in MO, I believe, it may only be 15 in NJ I don't know.

You should find the tenant-landlord laws in NJ and research it, it may be only 15 days there.

Originally posted by @David Clay :

When you saw the tenant had an unapproved pet you should have started charging them a pet fee immediately and a monthly rental for the pet.

I didnt do a final walkthrough with them and didnt give them any paper. The lease says the carpet "must be vacuumed and cleaned." They were vacuumed but not professionally cleaned. And NJ gives double.

I didnt say anything about the cat because I didnt want them to leave at the end of the term (which they did).

A few questions:

- I never made any indication to them that I saw or agreed to the cat. Now that there's dander, can I withhold the pet fee and pet rent retroactively?

- No one is coming in to clean until after the shutdown. Can I withhold ample funds until after the shutdown and return the rest?

- Can I charge any amount over the actual cleaning cost to compensate for the time and effort?

Thanks

Post: Cat dander in carpet

Bob SteinPosted
  • Morristown, NJ
  • Posts 35
  • Votes 3

My question here is if I can use the deposit. Is dander considered damage? You say no, @Michal King says yes. As for allowing, that's not the issue, the damage is.