Tenant demands
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Tenant demands (by Saph [NJ]) Jun 11, 2019 9:25 AM
       Tenant demands (by myob [GA]) Jun 11, 2019 9:39 AM
       Tenant demands (by Richard [MI]) Jun 11, 2019 10:03 AM
       Tenant demands (by S i d [MO]) Jun 11, 2019 10:09 AM
       Tenant demands (by Oregon Woodsmoke [ID]) Jun 11, 2019 10:11 AM
       Tenant demands (by Oregon Woodsmoke [ID]) Jun 11, 2019 10:15 AM
       Tenant demands (by Robert J [CA]) Jun 11, 2019 11:27 AM
       Tenant demands (by Kim [TX]) Jun 11, 2019 12:37 PM
       Tenant demands (by Landlord ofthe Flies [TX]) Jun 11, 2019 2:12 PM
       Tenant demands (by Vee [OH]) Jun 11, 2019 2:32 PM
       Tenant demands (by Doogie [KS]) Jun 11, 2019 2:33 PM
       Tenant demands (by Saph [NJ]) Jun 11, 2019 2:58 PM
       Tenant demands (by MC [PA]) Jun 11, 2019 3:13 PM
       Tenant demands (by rick [NJ]) Jun 11, 2019 4:07 PM
       Tenant demands (by Kim [NJ]) Jun 11, 2019 5:40 PM
       Tenant demands (by Saph [NJ]) Jun 11, 2019 5:48 PM
       Tenant demands (by TA [CA]) Jun 11, 2019 7:37 PM
       Tenant demands (by Kim [TX]) Jun 12, 2019 2:04 PM
       Tenant demands (by GKARL [PA]) Jun 12, 2019 2:59 PM
       Tenant demands (by GKARL [PA]) Jun 12, 2019 3:02 PM
       Tenant demands (by Jim In O C [CA]) Jun 12, 2019 3:10 PM
       Tenant demands (by Salernitana [CA]) Jun 13, 2019 11:40 AM
       Tenant demands (by Saph [NJ]) Jun 13, 2019 3:19 PM
       Tenant demands (by Salernitana [CA]) Jun 13, 2019 6:04 PM
       Tenant demands (by Ray-N-Pa [PA]) Jun 13, 2019 8:34 PM
       Tenant demands (by Ray-N-Pa [PA]) Jun 13, 2019 8:34 PM
       Tenant demands (by Saph [NJ]) Jun 14, 2019 6:16 PM

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Tenant demands (by Saph [NJ]) Posted on: Jun 11, 2019 9:25 AM
Message:

I am very new at this. Rented a house to a family. They were in CA, I am in NJ, house is in NJ. They were going to move. We signed a contract a/o 4/1/19 and they drove from CA to NJ and arrived on 4/6.

At first all was well, then I started receiving complaint after complaint how if they had seen the house they would....... Their relatives have seeing the house before lease was signed and have approved. The lease is signed. The house is in very good condition and passed all the inspections.

I won't go into other problems but now they haven't paid the rent on 6/1 and are saying that because they didn't move in on April 1st, I have to prorate the rent for April. Lease explicitly states it is starting April 1 and rent is due on the 1st of each month. and they say rent is due on the 6th because they didn't move in until then and this is wrong and the rent is too high and on and on.

The renter used to be a real estate appraiser and a relative is a real estate agent. they are also telling me that they were in the process of moving so they didn't really read the contract.......

I told them that I will not renegotiate the contract. it is a 1 year lease with an option for 2 and right to terminate with 90 day notice after the first year.

I am at a total loss. This is just another demand in a list of many, many others.

Any advice?

Thanks for your help.

--194.59.xxx.xxx




Tenant demands (by myob [GA]) Posted on: Jun 11, 2019 9:39 AM
Message:

so far your not at a loss. They signed and now there in it. You're not a hotel. Don't be pushed around - stick to your guns. Rent was paid for the 1st-- don't care if you move in the 15th that's up to you.

No rent since 1st? I'm not sure of NJ law but get on this asap. Demand the payment or go to court for filing of dispossessary warrant. Get it o the record. DO NOT GIVE IN. --99.103.xxx.xxx




Tenant demands (by Richard [MI]) Posted on: Jun 11, 2019 10:03 AM
Message:

They are trying to scam you. The complaints will never stop. It's a way of life for These types.

Get rid of them. File your pay or quit as soon as legally allowed and follow through.

As to the "we did not read the contract" statement. That's not an excuse. Only an idiot does not read a contract. Also, if you sign a contract without reading it, it is still valid. --71.10.xx.xxx




Tenant demands (by S i d [MO]) Posted on: Jun 11, 2019 10:09 AM
Message:

Welcome to Mr. LL. Come back and read often. Don't make the mistake so many first time posters do of disappearing. We're a good group here, if a bit direct sometimes.

So first things first: I don't know NJ law, but I know a lot in general.

Rule #1 is the Land lord is in charge; the tenant is not. Repeat this phrase while looking at yourself in the mirror 50 times. If that doesn't work...do it again until you believe it.

Now, you have a lease. That's the deal they signed. They do NOT get to renegotiate.

Next, what is the time-frame your state requires for a Pay or Quit notice? In Missouri, we are not required to post Pay or Quit, so I can evict on the day after rent is due if it is not paid and/or any PORTION of it is not paid. Your laws may be different. Study up. You need to know the law better than your tenants.

If no time, hire a local LL/tenant attorney who has the temperament of a pit bull. You don't want to like your attorney, except when he/she wins your case for you. Just kidding a bit here, but you get the point. You need someone who is good at standing up to bullies, which is what you've got here: your tenants are the adult-aged version of the elementary school play ground bully. They are going to intimidate you...or they will at least try. Do not let them succeed.

As for me, I file eviction on Day 8 after rent is unpaid, so I would have already filed on them yesterday. Time to get the ball rolling.

The rest of the stuff is irrelevant.

"We didn't see the house..." Irrelevant.

"We didn't move in on the 1st..." Irrelevant.

"We think the rent it too high..." Irrelevant.

"We were busy moving and didn't read the contract..." Irrelevant.

"I used to be an appraiser/agent..." Irrelevant.

There is ONE THING that is relevant: Is the rent paid-yes or no. That is the ONLY THING.

Best wishes. --173.20.xxx.xxx




Tenant demands (by Oregon Woodsmoke [ID]) Posted on: Jun 11, 2019 10:11 AM
Message:

They haven't paid the rent, so evict them for non-payment. Don't even discuss it with them any further, just file.

What you've got are people who were moving and needed a place to unload the U-Haul while they looked around to see where they wanted to live.

I suspect that you need to tighten up your screening process, but the lie that you get from moving tenants who have no intention of staying is a difficult one to screen out. --98.146.xxx.xxx




Tenant demands (by Oregon Woodsmoke [ID]) Posted on: Jun 11, 2019 10:15 AM
Message:

Saph, you are located in NJ, which is probably the most pro-tenant state. Since you are a new landlord and you are in a difficult state, at least talk to a good mean eviction specialist lawyer.

Grit your teeth and get it done. Don't allow it to drag out. --98.146.xxx.xxx




Tenant demands (by Robert J [CA]) Posted on: Jun 11, 2019 11:27 AM
Message:

I've rented a few units to people from out of State. They were so lazy when it came looking for a place to live, at the last minute that they grabbed my rental without doing any comparison. Then once settled, they started to complain about everything. There was nothing wrong. I'm a contractor and have pride in my buildings. I make sure everything is in perfect tip top shape. I upgrade my units and have very competitive prices.

So I simply told them that if they aren't happy, they could move and would only be responsible for the time it took me to re-rent the unit to someone else. What happened next? Months passed and they were happier than ever. They could move out as soon as they found a better place to live.

That unit with an extra parking spot they saw for the same price as my unit turned out to be in a "Gang Zone". The newer building with a pool had a 6 month teaser starter rent rate -- then it went up to market, like double my price.

They had to learn how to compare apples to apples and not oranges. --47.156.xx.xx




Tenant demands (by Kim [TX]) Posted on: Jun 11, 2019 12:37 PM
Message:

NJ is pretty pro-tenant, but non-payment of rent is easy. Make sure that you have registered your property with the NJ Bureau of Housing. If you haven't, do it today. My attorney and our judges will not proceed with an eviction without it. --23.30.xx.xxx




Tenant demands (by Landlord ofthe Flies [TX]) Posted on: Jun 11, 2019 2:12 PM
Message:

You need to give them a Pay or Quit notice as a housewarming present.

If they give you any crap about not reading contract, remind him that since he's a Realtor, he should know better. Also if the agent is going to transfer license from CA to NJ, threaten to file an ethics complaint for the harassment. File in both CA, and NJ so they'll have trouble when they transfer the license. You can do this because the agent represented him/herself in the transaction.

Don't know if you have a case or not, but it should make the agent uncomfortable. Use that as leverage if you need to go nuclear. Starting eviction proceedings should suffice and show you're serious. They're just trying to see what they can get away with. --108.69.xxx.xxx




Tenant demands (by Vee [OH]) Posted on: Jun 11, 2019 2:32 PM
Message:

I cast my vote for the eviction route, you are new so hire a qualified eviction atty, criminal, traffic, murder, drunk atty do not know the eviction system - do not attempt this alone at least not the first time, print the recent copy of your local and state tenant rules, as you see the atty will get the first notice delivered which has a timeline (3, 7, maybe 10 days) then when rent and late fee is not paid in full propceed to file in court so in about a month the court will issue a moveout order and you will quietly klik your heels jumping for joy until you see the condition the unit comes back when you change the locks so any further visits to the property will be trespassing by the former tenants - best to reduce talking to them in person or telephone except - I am sorry this did not workout for you, even though you are not sorry it takes away a little of the toxic attitude some people carry around.. --76.188.xxx.xx




Tenant demands (by Doogie [KS]) Posted on: Jun 11, 2019 2:33 PM
Message:

As others have said, this is not going to quit. Best bet is to have the tenant move. Follow the lease, evict, re-rent. As Sid said, all things are irrelevant except is rent paid or not. I am surprised to hear that a real estate agent didn't read the contract before signing (or at least is making that claim). --72.209.xxx.xxx




Tenant demands (by Saph [NJ]) Posted on: Jun 11, 2019 2:58 PM
Message:

Thank you all for your support and help. they are very much appreciated.

Regarding registration with NJ Bureau of Housing: this is a single family home and they only deal with "...multiple-family buildings of three or more dwelling units...". This is a single family house. Do I still register? I don't think this is necessary, but I am new at this.

I will use the line about "not happy, they could move and would only be responsible for the time it took me to re-rent the unit to someone else". All in writing of course.

How do I find a "good mean eviction specialist lawyer"? Don't even know where to start.

The lease was created using online template that accounted for the NJ laws. It requires 5 business days late notice fee. Then there is this paragraph in the lease agreement:

"DEFAULT....If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement.". I don't yet want to go this route but I still don't have June rent either.

I will go, look in the mirror and will repeat to myself until works "Rule #1 is the Land lord is in charge; the tenant is not" --194.59.xxx.xxx




Tenant demands (by MC [PA]) Posted on: Jun 11, 2019 3:13 PM
Message:

As stated above, most is irrelevant. Didn't move in on the 1st? Not my problem-I didn't prevent it.Do what your state allows to post for eviction. --73.230.xxx.xx




Tenant demands (by rick [NJ]) Posted on: Jun 11, 2019 4:07 PM
Message:

Yes you still have to register the single family home but I think in your case it can be with the local municipality

side note: it sounds like you have an accelerated rent clause not sure it will hold up in a residential lease vs. commercial --73.197.xxx.xx




Tenant demands (by Kim [NJ]) Posted on: Jun 11, 2019 5:40 PM
Message:

I have an attorney that I use for evictions in South Jersey. If your'e not close, maybe he can recommend someone in your area.

Matt Robinson: --23.30.xx.xxx




Tenant demands (by Saph [NJ]) Posted on: Jun 11, 2019 5:48 PM
Message:

Kim, yes please.

Rick, the rental is registered with the town as per regulations. The rent is the same for length of lease --69.141.xx.xx




Tenant demands (by TA [CA]) Posted on: Jun 11, 2019 7:37 PM
Message:

Follow the lease. It doesn't matter when the moved in, the lease says rent is due on the 1st. Post a pay or quit notice if they have not paid rent. If they don't pay they don't stay. Lookup your state laws on the pay or quit notice requirements, and the eviction process in general.

I personally would not sign a lease with someone who hasn't seen the house, but I understand this is not practical in every market. I would revisit your screening process to see if there is something you could do to prevent a similar situation from happening in the future.

IIRC, you cannot just terminate a residential lease in NJ for no fault. You have to give them a renewal unless they are doing something wrong. The accelerate rent clause is not legal in NJ, or most other states for a residential lease. I would also review your lease with a professional, or get a new lease entirely. --142.254.xx.xx




Tenant demands (by Kim [TX]) Posted on: Jun 12, 2019 2:04 PM
Message:

Matt Robinson, Robinson & Robinson, LLC. Millville --23.30.xx.xxx




Tenant demands (by GKARL [PA]) Posted on: Jun 12, 2019 2:59 PM
Message:

Let us know how it works out. Like everyone else said,it's time to take them to the mat. --172.58.xxx.xxx




Tenant demands (by GKARL [PA]) Posted on: Jun 12, 2019 3:02 PM
Message:

Also, I understand it could takes months to evict in NJ. These people probably know that and are trying to pull a fast one. Cut off all communication except through your lawyer. --172.58.xxx.xxx




Tenant demands (by Jim In O C [CA]) Posted on: Jun 12, 2019 3:10 PM
Message:

I have rented a home where only one spouse inspected the property. Even with videos and pictures until they physically see it with their own eyeballs it could be a problem. There is a big difference coming from the Midwest or East Coast and renting a property in California. I will no longer rent a property unless all tenants have inspected the home. --99.23.xxx.x




Tenant demands (by Salernitana [CA]) Posted on: Jun 13, 2019 11:40 AM
Message:

Saph, welcome to the forum and hope that you're now feeling better supported. I've been in your shoes, and I hope that these tenants pay up and are gone soon.

Like Jim in O C, I too no longer will rent a place unless all tenants have seen it. The one tenant who didn't see the house can be a non-stop complainer who doesn't like the place and would have shown warning signs of his or her displeasure at the beginning.

Best of luck and please let us know what happens. You got this. --73.93.xx.xx




Tenant demands (by Saph [NJ]) Posted on: Jun 13, 2019 3:19 PM
Message:

Thank you Kim for the lawyer name. They didn't have anyone near me. I called around and found 3 different lawyers. one sounded too flaky even on the phone, the other 2 sound good. one is 3 counties away so all business is done by mail, not sure if I like that. the price for eviction is $425. The other one is right here and comes recommended. $1500 retainer plus per hour costs when in court plus filing fees. sounds expensive but i think it is my best bet.

Opinion?

Received a check today, short by late fee and several hundred $$ that I agreed to for 7/1 payment for work they did that I didn't want. Yes, stupid, I know. chuck it up to the learning curve. --194.59.xxx.xxx




Tenant demands (by Salernitana [CA]) Posted on: Jun 13, 2019 6:04 PM
Message:

I'm sure that NJ allows to send a pay-or-quit notice for the rest of the rent that the tenants owe you?

I'd love to hear which attorney you end up hiring if you go that route. It was around $1000 for a very good eviction attorney in the area of San Jose, CA years ago. I'm sure that the $1500 one whom you investigated is top notch.

Best of luck and please share what happens if you can. --107.142.xxx.xx




Tenant demands (by Ray-N-Pa [PA]) Posted on: Jun 13, 2019 8:34 PM
Message:

You live in Jersey......don't you have an Uncle Knuckles? --24.101.xxx.xx




Tenant demands (by Ray-N-Pa [PA]) Posted on: Jun 13, 2019 8:34 PM
Message:

You live in Jersey......don't you have an Uncle Knuckles? --24.101.xxx.xx




Tenant demands (by Saph [NJ]) Posted on: Jun 14, 2019 6:16 PM
Message:

Salernitana, I went with the $1500 retainer lawyer. Will sign the documents they prepare on Mon/Tue and they will file at that time.

Will let you know how it goes. --69.141.xx.xx



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