Inherited tenants and lease violation- NEW JERSEY

Inherited tenants and lease violation- NEW JERSEY

Weronika JedrakPro Member
Investor · NJ · Member since 2023 · 26 posts · 11 votes

Hello, my husband and I closed on our first rental property in Woodbury, New Jersey. We unfortunately inherited the tenants, but the property was a good deal, so we went for it.  It is a duplex, both tenants pay $700 & &760/month (yes, in New Jersey!!), one has a current lease until January 31,2025, the other is month-to-month. The market rents are between 1200-1500/month. We ideally hoped we can have at least one tenant move out so we can renovate, but that doesn't seem to be the case. We are negotiating with the month-to-month tenant as they don't want to leave and hopefully, we will come to some agreement there. 

However, the problem we have is with the tenant on the lease. Once we closed on the property, we got the documents from state about his section 8 voucher. We were confused as the previous landlord said he wasn't on state benefits and paid the rent directly in the last 10 years ( we have texts to confirm that). So we had a conversation with the tenant and turned out, he just got approved for it, like a week ago. We weren't thrilled as the unit won't pass easily the section 8 inspections in the current condition, and it's also extra work for us. We knew we couldn't do anything until his lease expired but once we had a conversation with him, he kind of suggested he wanted to move out sooner, which was great news for us, and we said we wouldn't charge him fees if he broke the lease earlier. He even said, don't worry about filling the paperwork for state, I will just give it to a new landlord. 

Well, a week has passed, and we wanted to check in on that. He then turns around and says, he didn't find anything he likes so he's staying. We read over the lease again and when we came to his apartment, we noticed a cat. The lease says, absolutely NO PETS allowed. He also changed the locks few months ago, which is also not allowed. We didn't want to make a big deal and serve him Notice to Cease since he said he wanted to move. But now he is staying so we decided to play the cat card, and told him that per his lease pets not allowed and if he would like to keep it we will need to amend his lease to include additional $100 pet rent plus collect additional security deposit. My husband is also very allergic to cats and will cost us a lot of money to deep clean the apartment once he moves out which is what we explained. Again, lease said no pets, so we were pleased about that. We tried to be cordial but now he started showing his true colors. He said this is way too much money, the other landlord verbally agreed to a cat (there are no documents, no notice and he filled estoppel agreement and did not mention anything about it), he said he had this cat for the last 10 years and he won't pay that much, and he can take us to court because he has tenants' rights. 

Well technically he breached the lease twice (having a cat in the property and changing locks- we don't even have a key). So what are our options? We honestly want him out as he is already problematic and threating us plus now, we would have to deal with section 8 paperwork, and additional inspections. Can we just not fill the paperwork since we just learned about this, and he also violated the lease? Should we let the housing authority (section 8) know that he violated the lease and unless it is amended, which we gave him an option to, we will not fill in the paperwork? Should we serve him Notice to Cease and then pursue the eviction?

I know it is a long post, but any help and guidance are much appreciated! This is our first rental. I know NJ is tough on landlord laws but looks like in this case we may have actually some grounds to fight it. Thank you in advance. 

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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    2y

    You need to hire a competent LL/tenant attorney in NJ, and the sooner the better! All the best!

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    2y

    @Weronika Jedrak I suspect the cat is going to become an emotional support animal for which you cannot charge.  So first talk to a lawyer.  In NJ you must accept Section 8 so I believe you should simultaneously pursue lease violations and bring the property to section 8 compliance if you can. First get a key or change the locks and give him a key. I know it is tough with older buildings and I a lawyer might be able to help you with what happens if it is not possible to become complaint while the unit is occupied. I would talk to a lawyer then his caseworker. Maybe someone from NJ can help more. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y

    If I understand you correctly, he hasn't completed the Section 8 process, and your home doesn't meet the standards. I would terminate his lease immediately based on the lease violations. Do whatever you can to get rid of him quickly before this becomes a bigger problem.

    You may want to consult an attorney to ensure it's done right.

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  • Weronika JedrakPro Member
    OP
    Investor · NJ · Member since 2023 · 26 posts · 11 votes
    2y
    Quote from @Nathan Gesner:

    If I understand you correctly, he hasn't completed the Section 8 process, and your home doesn't meet the standards. I would terminate his lease immediately based on the lease violations. Do whatever you can to get rid of him quickly before this becomes a bigger problem.

    You may want to consult an attorney to ensure it's done right.

    Thank you, Nathan! Yes, that is our intention, we will be contacting the lawyer today to discuss our options going forward. In regard to him not completing the section 8 process, am I allowed not to fill the paperwork required for him, and pursue the eviction? He keeps pressing for us to submit the paperwork (confirming his residency at the unit), but If I don't do it, what happens with the rent? I assume this will take some time, but is he allowed NOT to pay me on May 1st because he is in process of section 8 benefits, and I didn't submit the paperwork? 
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Weronika Jedrak:
    Quote from @Nathan Gesner:

    If I understand you correctly, he hasn't completed the Section 8 process, and your home doesn't meet the standards. I would terminate his lease immediately based on the lease violations. Do whatever you can to get rid of him quickly before this becomes a bigger problem.

    You may want to consult an attorney to ensure it's done right.

    Thank you, Nathan! Yes, that is our intention, we will be contacting the lawyer today to discuss our options going forward. In regard to him not completing the section 8 process, am I allowed not to fill the paperwork required for him, and pursue the eviction? He keeps pressing for us to submit the paperwork (confirming his residency at the unit), but If I don't do it, what happens with the rent? I assume this will take some time, but is he allowed NOT to pay me on May 1st because he is in process of section 8 benefits, and I didn't submit the paperwork? 

    I believe you can proceed with the termination. The requirement to accept Section 8 does not mean you have to accept his lease violations.

    I suspect he shopped around and realized he couldn't afford anything else, so he's desperately trying to stay. That's a bad sign.

    The DIY Landlord Book4.7248 Reviews
  • Shawn McenteerBusiness Member
    Realtor · Boonton Township, NJ · Member since 2013 · 2k+ posts · 1k+ votes
    2y

    Hi @Weronika Jedrak please do me huge favor and speak directly to attorney that specializes in removal of tenants in NJ (particularly the county you are in).  Absolutely take no legal advice from anyone offering it to you on the forums, there is a lot at play here.  Every state is different and section 8 adds an entirely new element to this.  County to country can change significantly in NJ. 

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  • Weronika JedrakPro Member
    OP
    Investor · NJ · Member since 2023 · 26 posts · 11 votes
    2y
    Quote from @Shawn Mcenteer:

    Hi @Weronika Jedrak please do me huge favor and speak directly to attorney that specializes in removal of tenants in NJ (particularly the county you are in).  Absolutely take no legal advice from anyone offering it to you on the forums, there is a lot at play here.  Every state is different and section 8 adds an entirely new element to this.  County to country can change significantly in NJ. 

    Thanks, Shawn. We have contacted the attorney and also spoke to the Housing Authority. It turned out he wasn't officially a section 8 tenant and in order to complete the process, he would have to enter a new yearly lease with us. We mutually aggreged to a new lease with a higher rent, as he wants to receive the voucher so looks like we are on a good road to some resolution here. 
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