All Forum Posts by: Sandy S.

Just received notice that my tenant will be moving out of a rental property. Its been almost 10 years since I’ve had a tenant move, so need a bit of a refresher/guidance.

Is a move-out inspection is necessary to do with the tenant there? Or is an inspection typically done after the tenant has moved out?

I offered to do a move-out inspection with the tenant present, but now they are coming back and saying that they are expecting the full security deposit as contingency to a move-out inspection on the day they leave.  They cite there is no reason to withhold the deposit.

I do believe in this tenant's care of the property (I visited a few months ago when we were doing general repairs), and I don't doubt that I will give them all their security deposit back.  However, NJ law states that the landlord has up to 30 days to refund the amount, so I should be able to exercise that right. I don't think the tenant should be entitled to their thinking, correct?  What would you do?

Thanks all for the advice!

Any thoughts for what type of incentive I could/should be offering to the tenant during this time?  The goal is to have them help me sell the place, and not be a barrier to potential buyers.

Thanks!  I have responded to the other thread for an update on the situation.  I am already in talks with getting someone, if needed.

RE: 

2) Town is Berkeley Heights.  Property is a townhouse, and it is not rent-controlled.  Since I am planning to sell the property in the next year, I would like to avoid having to go through any legal route.  It probably would be preferable if I sold the property with them in it, as opposed to forcing them to leave, right?

According to this document (https://www.state.nj.us/dca/divisions/codes/public...), it states:

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A landlord must allow the tenant to renew the lease unless the landlord has good cause for an eviction under the Anti-Eviction Act. (This does not apply to two or three-family owner occupied dwellings, motels, hotels, transients or seasonal tenants). Yearly and month-to-month leases will automatically renew for another term unless a valid notice to quit is given by the landlord or unless the tenant gives notice to the landlord that the tenant will return possession of the premises to the landlord. 

If the tenant or landlord does not renew the lease and the lease was for a term of more than one month and the tenant holds over (stays after the expiration of the lease), the tenancy will become a month-to-month tenancy, if the landlord continues to accept the rent and there is no other agreement between the landlord and the tenant. SDG v. Inventory Control, 178 N.J. Super. 411. This tenancy is still subject to all the terms and conditions of the written lease other than its duration term. Heyman v. Bishop, 15 N.J. Super. 266.

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My situation is in bold.  I accepted rent, but the tenant did not pay the full rent amount.  What are my options now?

My lease says that rejection of renewal lease terms means that the tenant has to vacate the property at the end of the lease term.  Does that supersede NJ state law that moves it automatically to month-to-month tenancy?  

Or does it even matter, if the end result is the same --- having the authority to terminate a tenancy?

So I understand that I can give them 30-days notice due to rejection of the lease renewal terms.  How does this work - if their lease is supposed to start the 1st, but I give them 30-days notice on the 15th  --- how much rent (per the terms of the original lease, not the reduced rent) do they still owe?  Is it 1.5 months?

I have a case with a tenant that is trying to negotiate a lower rent due to delayed repairs/inconvenience of doing repairs. I do not agree with their counter-proposed rent.  The lease had already expired last month, and they have not signed a lease renewal form that I sent them 30 days before lease expiration. The renewal lease is for a full year.

According to NJ law:

1) Does a tenant's non-signing of the lease automatically turn into a month-to-month lease?

2) Do I have the right to not renew the lease, given that I do not agree to their counterproposal?

3) What time frame do I have to give them to vacate the premises?

Are there any other gotchas related to NJ state law regarding landlord/tenant lease agreements?

Hello - Gauging what the investor market is like in Berkeley Heights.  I am looking to turn over my rental property - its within walking distance to downtown/train station.  

I would like to know if it is better to sell to an investor (as-is), or try to make repairs to bring it up to market and sell to a potential buyer (to live-in) instead?

Any advice?

Thank you.