All Forum Posts by: Stephen Homes

I know this posting is for landlords and I am a landlord but now I am a tenant (a bit over 2 years) at California. Today (April 1) I learned that my rent was increased. Property Management claims that they have stuck a notice to my door 27 days ago plus mailed me the notice. I never got either notice. 

1. As a landlord I always send a certified mail to let the tenant know about any change (such as rent raise) to their lease. Does the same rule apply in California?

2. After 2 years the owner changed the property manager was changed to this one. Always my lease being renewed every 6 months. Prior to the 2 year the old manager verbally agreed to renewing for another 6 months but when the renewal day came he said the new management will give you the new lease. Now the new management claims that my lease is month to month. How can I defend myself in this situation?

Thank you

Thank you Patricia for your detailed response. 

1. What do you mean by "I recommend letting the current tenants do themselves in and evict them."? Do you mean wait till the tenant can't pay full rent and if she doesn't I start the eviction process? As of now she paid half the rent and told me that she will pay the remainder on the 9th.

2. Is it acceptable to send the notices as text/email to the tenants (as I don't have the address of the ones who left)?

3. Governor Murphy's executive order on security deposit is not good for the landlord. This will encourage the tenants to instruct the landlord to use the security deposit as last month rent, leaving the rental prone to damage.

Thank you

Thank you Theresa for sharing your thoughts. In answer to your question, last month, 1st month and security deposit was paid prior to giving keys. Their lease ends April 2022. There is a 60 day notice clause or the lease will extend for another year.

As they left on the 2nd of the month, gave me 1 day notice, didn't finish the lease, wouldn't be okay to keep the security deposit and last month rent? At least I spend 2 months of rent to get the place rented. 

I have a NJ rental (good 5 bedroom rental house, but not so good neighborhood and therefore not so good tenants). 3 adults, 4 kids and pets. 10 months prior to the end of the lease (All 3 adults signed one lease. No individual leases), on July 2nd, 2 adults, and their kids and all pets left without returning the keys. Each group claims that they paid the last month rent and security deposit. The lady who stayed, love the house and want to start a new lease and have new housemates as she can’t pay the whole rent (she paid half the rent end of June). FYI, I don’t want to take anyone to court. As with this type of tenants it is almost impossible to collect the debt. Share your thoughts on what is the best decision to make. Thank you.

1. If I keep the current lease, even in the best scenario if the tenant pays the rent (which is unlikely) then how would I deal with the security deposit at the end?

2. One solution is to let the lady break the lease and leave in exchange of my keeping the last month rent and security deposit. Then I use the money to get the place repaired and rented.

Thank you Adam for the correction. I missed typing the word "got" (court got dragged). The main reason I even have an empty apartment is that the previous tenant broke the lease and left (left 5 months prior to the end of the lease). At this time of year, NJ is still pretty cold and not many if any candidates. Although no tenants is better than a bad one :)

I want to thank everyone for their input. In answer to a few questions, he was evicted in 2018 and the court dragged for 10 months into 2019. Rental is in NJ. My understanding is that I cannot ask more than 1.5 month security deposit. I don't know if there is any exceptions to the 1.5 month security deposit. Also I am having difficulty finding information on how advanced rent can be collected. I will say NO to this candidate, but if you know the answer to my follow up question, please let me know. Thank you

I have a tenant candidate who has evictionS on his record. Currently he doesn't work and gets unemployment, is a student and his fiance who is the only one working. Two kids. He showed proof that he can pay 1 year.

What would you do if you were in my shoes? Everyone's opinion is welcome.