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All Forum Posts by: Margharita Silva

Margharita Silva has started 21 posts and replied 71 times.

Hi Everybody,

I own a condo in North Jersey in a high rise and had a good tenant there for a year. Her lease was due for renewal in October and I asked her if she wanted to renew for another year. She said yes and we renewed. The lease started December 1st and on December 18th, she sent me a written 60 days notice to leave without any reason nor discussing it with me prior. I told her i would let her off the lease as per her 60 days notice, but as i am currently out of the country, there is a pandemic, it is the middle of the winter and holidays, it may take me some time to find a replacement tenant and that it would may be longer than 60 days and that she would be responsible for the rent until i find a replacement tenant. I put an ad on a few sites asap but it has been quiet and i still could not find a qualified tenant. Also trying to find a broker. She emailed me yesterday saying she spoke to her attorney and her attorney advised she is within her legal rights to pay February with her deposit and since she is moving out February 18th, she is asking a prorated amount from her deposit back (which she is using as Feb's rent) Venmo'd to her. From what i know she is responsible for the rent until i find a replacement tenant regardless of her 60 days notice and it just sounds ridiculous for her to expect me to pay her a prorated portion of her deposit because she choose to move on the 18th of the month.  Any advice about what to do? by the way i asked her several times why she wants to move but she said she would like to keep it private but i know that she wasn't recruited for the army, had a disability, DV or any other "legal" reason to break the lease. 

@Kevin Hill thanks, i don't intend to end it early and find my own tenant (i am out of state currently and hence not able to do it myself now) but i just don't want to commit to a year. I would prefer 60 days and see how it goes. He has a 180 days clause as well incase anyone comes after the listing after the year agreement expires, so he is well covered. I just thought the terms were too long. If i was selling a house maybe, if i am renting i can't think of keeping it on the market for a year.

I am looking for agents to use for leasing my condo in North Jersey and found one in our building who does a lot of sales and rentals. He sent me the lease leasing agreement and it is a year long!
I am hoping to find a tenant in about 2 months max and asked him if we could do a 60 day contract instead with an option to renew or add a cancellation clause to the contract but he refused although he did say he would let me out and "mitigate" if needed but he wouldn't amend the contract and the terms to reflect that.
How common is a year long rental lease listing?
Is it standard for them to not include a cancellation clause?
I also told him i don't want guarantors and he said that might be discriminatory

is that right?
I appreciate any feedback!

Thanks for your advice. The contract doesn't have a cancellation clause, are there any examples or articles where these clauses are discussed? I will ask the agent to add this. I am not sure about paying a property manager. I actually bought the condo for myself but i didn't move because of my work and now covid. So i may not be renting it year after year. 

thanks @tracystreich @chrisherrera i received the contract from an agent and the end date is a year from now! Is this common? 

Thanks Tracy, my worry is if the agent doesn't do the work and say i want someone else or he isn't very good at communicating with me or the tenant.. Another question is the current tenant has been there for a year and wanted to renew her lease in October. Her lease started December 1st 2020 and 18 days later she emailed and said she wants to move out on February 18th (hence giving 2 months notice) Can i hold her responsible for the rent due until at least I find a replacement tenant? She signed a year lease through December 1st 2021 and didn't mention anything about wanting to move when i discussed it October and she doesn't have any reasonable excuses like a job change or anything. 

Hi all,

I own a Condo in North Jersey and my tenant is moving out unexpectedly. I am out of state at the moment and need to replace the tenant. I prefer to meet, interview and screen the potential tenants myself but since i am out of town and the current tenant is breaking her lease and moving sooner than expected, i am thinking of using a broker. It will be my first time listing my apartment with one and wondering if you have any suggestions as to what i should look out for and if anything goes wrong (for example if i decide not to use him/her for any reason during the process i.e lack of communication or if he/she keeps presenting me unqualified tenants) can i just quit the agent? Would i own him/her anything? I understand i have to sign an agreement with them but i haven't receive the contract. Thank you for your advice !

Hi everybody,

I have a condo in Northern NJ in a high rise building and I have a tenant who wants to get a emotional support animal and i don't know if i am legally obliged to accept it?

When she moved to my condo about 6 months ago, i went over her lease and made sure she didn't have any pets and that no pets were allowed in the apartment.
However, she recently had Covid and now she works from home. Now fully recovered and asking me if she could adopt a dog as a "emotional support animal" per her therapist's and psychiatrist's suggestion.She is a therapist herself and saying that working as a mental health therapist during Covid has been difficult for her and having a dog "would greatly benefit her".

She is a good tenant, always pays on time and i feel sorry for her that she had Covid but i also would prefer if she didn't get a dog in the apartment. Can i refuse such a request? 

@HubertKim the tenant is a student will attend postgrad at a local university. His mother will be his guarantor. 

I did not check his current residency and pervious employment which i am not sure if he had. 

his parents, both doctors will be his guarantor and they own a home . I will ask him to provide references from where he was previously staying. 

Another question;I originally bought this unit as a primary residence but I ended up having to stay where i currently am longer than expected and uncertain of my plans.I expect to know in December, therefore  i may need to move there sooner than 1 year - i am giving him a one year lease - is this something that can be discussed with the tenant ? Would i incur any penalties for asking him to vacate sooner (legally) and how much of a notice i should give in advance in NJ state? 

ok i am asking one months deposit and first months rent. The background checks came good and no issues there (no evictions, liens, judgments, bankruptcy, criminal etc) How do i arrange deposit and keys? I was thinking about having them e-sign the lease but should i meet them to collect a check and have them sign the lease and then give them the keys? What is the protocol?