Legal Question in Landlord & Tenant Law in New Jersey

We have a tenant (on a month to month lease starting July 1 when the 1st year lease ended) who gave us 30 days verbal notice of June 15 (but did not follow up in writing) of his intent to vacate as of July 15. He has been consistently late with the rent and was never able to switch oil and electric to his name requiring us to "bill" him for the utilities as the bills were received by us. He has been unable to keep up with the utility bills and currently owes us approx. $2000.00 for oil and electric. We have e-mails going back and forth with his promise to finish moving first by last Monday (7/16) then by Friday (7/20). As of this morning (7/23) he has yet to remove all of his belongings from the house. Additionally, when my husband and I went to do the walk through last Wednesday, prearranged with tenant, we discovered quite a bit of damage and filth along with an enormous number of bugs because he put in fans and A/C without properly sealing the window spaces surrounding the units. When and how can we legally enter the premises? Can we have someone move the tenants belongings to the basement or garage so that we may start on repairs and cleaning? How will we be able to go after the tenant for damages (assuming they will exceed the security deposit) and back utility payments. And how do we treat the days after the 15th that he has remained in the house as regards additional rent?

Thanks so much for your assistance,

Christy Ward


Asked on 7/23/12, 6:38 am

1 Answer from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

You cannot lawfully retake the premises unless you either secure a judgment for possession through court action, or the tenant surrenders possession of the demised premises back to you. As far as collecting any balance due, you may file a court action for money damages once you determine the full extent of how much is owed to you after you apply the tenant's security deposit.

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Answered on 7/23/12, 6:51 am


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