[jerzbratgirl]

Any advice would be great.
My fiancé and I purchased a house on Nov 30th. We had intentions of maintaining the rental property until the end of the lease and had kept up all utilities etc. Almost all belongings remained and someone was at the house at least once every day or night.

On Jan 2nd I notified my landlord that the rent would be late due to some serious issues with 2 paychecks. I have a letter from my employer stating there mistake made by them. In NJ, I know I have 5 business days grace period but on Jan 7th she sent a notice to quit stating to remove possessions immediately due to non payment and appearing that we had moved. Due to the holiday, Jan 7th was before the 5 day grace period.
On Jan 14th, she filed for an eviction for non-payment and abandonment of property with possessions still remaining. I had received a notice to cease with late late rent 1 year ago with no further problems. Even the notice to cease was incorrect. I had only been late by less then 10 days for Oct. 2006, Jan 2007, and Jan 2008. (I am also researching the Oct late because I believe that was also paid as late but was not under NJ rules) I had never received a notice to cease regarding abandonment of property. We have since removed all possessions and have paid rent in full for Jan. plus late fee. As instructed and are scheduled to go to court on Feb 11th.
I do not wish to remain in this apt but do not want a judgement against me. Further more I would like my security deposit back. (one of the reasons for just staying until the end of the lease) I have all before and after photos to show that we are leaving the apartment as received.

I know that she has not followed the NJ rules for eviction. I want the case dismissed without having to remain tenants.


Help?

Trish

[twinkiedooter]

You sound like you did everything right and this landlord still wants to be a pain. What kind of lease did you have? A lease with a specific end date of Jan, 2008? Did you notify landlord in writing just when you intended on leaving? When did you notify landlord of this.

If your lease was up at the end of Jan 2008 and you notified her at the beginning of Jan then go to court with all your paperwork on Feb 11th. As soon as you win, you may file a suit against her for the security deposit return.

[LisaB4657]

How did your landlord fail to follow the NJ rules for eviction? From the info you gave in your post it seems that your landlord has followed all of the rules.

As for the grace period, does your written lease specifically state that you have a 5-business-day grace period? If your written lease does not specifically grant it then you don't get one unless you are a senior citizen. And if you are a senior citizen then you get a 5 day grace period, but not a 5 business day grace period.

All of this is irrelevant. If you have completely moved out of the property and are paid in full then you should show up in court and tell the judge. The judge will dismiss the eviction.

[jerzbratgirl]

There was never a notice to cease for the abandonment, nor was there a proper notice to quit. Also, there has to be 30 days between notice to quit and filing for eviction.

The lease was actually until June.


According to the nj tenants handbook, tenants have a 5 business day grace period.

"The law states that a landlord must allow a tenant a period of “five business grace days” to pay the rent. If a tenant pays the rent in the five-day period, the landlord may not charge a late fee. In counting the five business days, do not include Saturday, Sunday, or a national or state holiday."

Trisha

[LisaB4657]

According to the nj tenants handbook, tenants have a 5 business day grace period.

"The law states that a landlord must allow a tenant a period of “five business grace days” to pay the rent. If a tenant pays the rent in the five-day period, the landlord may not charge a late fee. In counting the five business days, do not include Saturday, Sunday, or a national or state holiday."

Trisha

What page of the handbook are you reading from? I've got the book in front of me right now and I don't see any grace period for tenants who are not senior citizens.

I also just went through the NJ Statutes and find nothing about a grace period for tenants other than senior citizens.

[jerzbratgirl]

I don't have it with me as I am at work. Imay be mistaken, regardless, it is in my lease. Depite all this, there is still not a pattern of habitual lateness.
My late rents are as following
Sept 2006, Oct. 2006 (out on work comp), Jan 2007, and Jan 2008. The latest it has been paid was the 13th of the month.
Any time I was late, I called to let them know. They even had the audacity to show up at my child support hearing to see how much I would be getting. I don't have to disclose that information.

Trish

[LisaB4657]

As I said earlier, all of this is irrelevant. Just make sure that you show up in court and tell the judge that you have paid January rent in full and have completely moved out.

Umm... you did return the keys to the landlord, right?

[jerzbratgirl]

The apartment was turned over after inspection on 1/30/08 and all monies paid in full. Will she be able to go after rent for the remainder of the lease? (we live in an area that is fairly void of rental units, so word is around and they are having a hard time renting the other unit)?

And will I get my security deposit back?

Trish

[LisaB4657]

As long as you delivered possession of the apartment then there should be no need for the judge to grant an eviction. Just make sure you appear in court and tell the judge everything.

As for the rent... she sent you a notice to quit, which means that she terminated your lease. So the way I understand it, she cannot sue you for the balance of the lease. If she doesn't return your security deposit, or a written, detailed accounting of it, by March 1 then you can sue her for it. (Make sure that you give her your forwarding address in writing.)

If she sends you an accounting where she retains the deposit for February rent and demands more then you may have to fight it out with her in court. Make sure you keep that notice to quit in a safe place because you'll probably have to produce it in court if she sues you.

[jerzbratgirl]

We are prepared for her fight. When we signed the lease she commented that if the carpets weren't clean enough she would just take it out of the last tenant security deposit. We have pictures of every little stain or problem from before and a full array of after pictures. Plus they signed saying that the apartment was returned to them in broom clean condition with the carpets cleaned with a commercial carpet cleaner and that there was no damage to the apartment.

Thank you for your advice. It has been a nightmare for 2 years with these people. I'm so happy to own my own place now.

[LisaB4657]

Be prepared to bring all of your photos and their signed statement if the rent/security issue ends up going to court. It might also be a good idea to bring that signed statement when you go to court for the eviction issue as well.

Good luck!