 Can I Rerent the apartmen (by Anita [NJ]) Feb 20, 2018 3:39 PM
 Can I Rerent the apartmen (by Frank [NJ]) Feb 20, 2018 3:59 PM
Can I Rerent the apartmen (by AllyM [NJ]) Feb 20, 2018 5:20 PM
Can I Rerent the apartmen (by DJ [VA]) Feb 20, 2018 5:31 PM
Can I Rerent the apartmen (by Vee [OH]) Feb 20, 2018 6:28 PM
Can I Rerent the apartmen (by S i d [MO]) Feb 21, 2018 5:22 AM
Can I Rerent the apartmen (by AllyM [NJ]) Feb 21, 2018 6:18 AM
Can I Rerent the apartmen (by Tony [NJ]) Feb 21, 2018 6:26 AM
Can I Rerent the apartmen (by NC INVESTOR [NC]) Feb 21, 2018 8:23 AM
Can I Rerent the apartmen (by Ray-N-Pa [PA]) Feb 25, 2018 3:56 PM
Can I Rerent the apartmen (by Anita [NJ]) Posted on: Feb 20, 2018 3:39 PM
Message:
I have a young couple that signed the lease and paid security deposit and for a year in advance from his mom's inheritance account as bank check. He had been on disability, had stroke and criminal record, fought. Man's father told me that his girlfriend lock him out and accused of pulling knife on her and got restraining order. They're not living in the apartment but some of his /her stuff is still there. There is some damage there and the place is filthy. The lease is up in May, they owe money for utilities that I pay for the 2nd floor on which there is another apartment but I only have 1 meter for both. Few months ago father asked me for the key so I gave him so the son can have access. The door lock is changed but apartment door is not locked. Can I Rerent the apartment? What should I do?
--107.77.xxx.xx |
Can I Rerent the apartmen (by Frank [NJ]) Posted on: Feb 20, 2018 3:59 PM
Message:
I guess the good news is that no one is using the utilities so that cost/loss is low.
If you were file for eviction [for what though...abandonement?] you would not get a date for Court until ;ate March at the soonest & then they would not be out until the end of April.
It would cost you for a lawyer to at least guide you thru the process. AND the process is made tougher as they paid the rent.
With all that I would send them a letter, a real letter via Certified Mail with Return Receipt AND via First Class Mail to the last address you have AND maybe a copy to the Father.
In the letter you ask them what their intentions are and if they have left to let you know WHEN they will have their property removed.
If the Cert. Mail comes back as unclaimed just leave it in-opened and keep it for Court if necessary. Do not get into any phone discussions.
Its not as bad as it could be as you have the rent. If you can get them out with a settlement beforehand then you can get it cleaned up ahead of the end of MAY
Good luck.
what County/City is this in? Is it a legal rental unit and registered with the State?
DO NOT GET INTO ANY TALK ABOUT THE SECURITY DEPOSIT OTHER THAN: "THE DEPOSIT WILL BE DEALT WITH IN FULL ACCORDANCE WITH NJ LAW."
Then stop talking.
When/if they get out by he end of the lease you will be ahead and the deposit is still there for you to use for the damages. The utilities are likely a lost cause as they are co-mingled.
Run this whole scenario by your attorney FIRST. --74.105.xxx.xx |
Can I Rerent the apartmen (by AllyM [NJ]) Posted on: Feb 20, 2018 5:20 PM
Message:
No you can not rerent the apartment. Try the letter as Frank suggested but you are paid a year in advance. It's their apartment legally. You can't go in their and do anything. One or both of them may be back. You don't have any grounds to evict except the unpaid bills but you have their security deposit. I would not do anything until their is unpaid rent in June and then you can evict for nonpayment. You might put this in a letter to the father that you are going to evict in June and if he wants to keep his son's credit record clean, he needs to move the possessions out by then. Just my opinion. --73.33.xxx.xxx |
Can I Rerent the apartmen (by DJ [VA]) Posted on: Feb 20, 2018 5:31 PM
Message:
If the father is not on the lease, I think you made a mistake to grant him access - especially if he changed the locks?! If he/they changed the lock, change it back to yours right away. If they come back & can't get in, they will contact you. The apartment needs to be secured from trespassers, and you need to be able to get access in case of an emergency or for routine maintenance and repairs. Give notice to cure filth, and repair & bill for damages, as normal. --68.105.xxx.xxx |
Can I Rerent the apartmen (by Vee [OH]) Posted on: Feb 20, 2018 6:28 PM
Message:
If you have taken a large prepaid rent those funds should be in a seperate account, and you pay your rent bill from that account sending the tenant a copy of the bank statement with the rent cost chipping away from the balance, then at the end you must provide an accounting statement of damages, if you have reset to company master system in your lease those costs would be part of the damages - my lease states 25bux per lock on company master. --76.188.xxx.xx |
Can I Rerent the apartmen (by S i d [MO]) Posted on: Feb 21, 2018 5:22 AM
Message:
I agree with DJ regarding giving a key to someone not on the lease. Major mistake there. Basically, anything stolen (or that they claim is stolen) is now on you...since you let someone in.
That aside, if rent is paid there's not a lot you can do. You could try giving notice that you plan to enter and such-n-such date, then note the damages, then try to evict for damages....or you might try for the unpaid utilities. Either way... not quick, easy, or cheap.
This sounds like one of those cases where if you had done an in-home inspection on their PRIOR address, you'd have found out they were slobs that damage rentals and would not have agreed to rent to them. Ah well....we live and learn. Next time, do the in-home inspection. Since I started doing those I have saved a ton of time and hassle. --173.17.xx.xx |
Can I Rerent the apartmen (by AllyM [NJ]) Posted on: Feb 21, 2018 6:18 AM
Message:
Don't touch the locks. Don't touch anything. Do not even go in there unless water starts pouring out. Stay away. You have proof that the dad changed the locks. Leave that in his lap. Do nothing until the rent is used up. Do what Vee said by making a list of the rent payments even if you don't move the money to a separate account. I think it's too late for that. I suspect that the dad gave you that full year's rent to get the kid and his girlfriend out of his life. --73.33.xxx.xxx |
Can I Rerent the apartmen (by Tony [NJ]) Posted on: Feb 21, 2018 6:26 AM
Message:
It's a stretch but if you could get the MIA tenants to sign a letter stating they have vacated, you could go in prep it for the next tenants. Do this under the sincere premise that you will prep it, find a new tenant, and REFUND any unearned rent back to them. You may approach them through the family member. This offers the possibly that YOU will get out of this scratch free. If you can't get a release letter it's time to lawyer up. If nobody ever signs a release, the lease continues on a month-to month basis unless a change is made such as a rent increase w 60 days advance notice. We can't cancel or terminate a lease in NJ unless a case is made for lease violations. Any lease violations must be addressed via NOTICE TO CEASE letters except for non-payment. You haven't made the case for any of this yet. Good luck. --73.195.xxx.xxx |
Can I Rerent the apartmen (by NC INVESTOR [NC]) Posted on: Feb 21, 2018 8:23 AM
Message:
You have zero right to rent a property that has been paid in full in advance. I assume that actually staying there is not a prerequisite in your lease. Re-renting would be double dipping unless you fully refund the unused portion of the rent and did a full accounting of the SD less damages and utility bills.
If they balk and take you to court for breaking their lease what do you plan to use as your defense? They didn't use the property enough?
And as others have stated unless the father was on the lease or the son had given you a written release that the father had right of entry you are exposing yourself to any number of liability claims. --71.75.xx.xx |
Can I Rerent the apartmen (by Ray-N-Pa [PA]) Posted on: Feb 25, 2018 3:56 PM
Message:
With rent pre-paid, you will have a hard time convincing anyone that the property is abandoned. Perhaps you could provide a financial incentive to these folks to turn over possession (the keys).
They win and you are ahead too. --24.101.xxx.xxx |
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