Hi all! My tenant won't pay water and sewer but it states in our lease "tenant is responsible for all utilities assosciated with the property" do I touch his security deposit or what should I do? Please advise! I am in NJ if that helps. Thank you!!
YOu give him notice of non-compliance and if you have the costs of the utilities that are unpaid you give that information to him and then you give him a PAY or QUIT..
Basically get a statement prepared,, list the amount of the utilities. and include it with the pay or quit.. any late fees from utility company include that give him a copy of the latest utility statement print out.
He either gives proof of payment within 3 days or you can file for eviction action.
Wouldn't hurt to give him a copy of the lease agreement highlighting the clause of he pays for utilities.
Don't touch his security deposit,, YET.. that's for after he move's out or is evicted
Download copy of your state landlord tenant laws so you know the procedure for pay or quit and eviction filing besides everything else
You never touch security deposit while tenant is in the property. This removes your protection. If tenant is responsible, per your lease agreement, you issue a notice to quit or vacate. This lets the tenant know you mean business. If tenant still refuses to make payments, you may have to file for eviction.
I believe many NJ municipalities will attach the water/sewer bill to the property if unpaid, which is why a lot of NJ landlords include these costs in their rent price. As such, consider this an urgent matter and consider getting an attorney if tenant is difficult or you forsee him/her being difficult.
I am nto ana ttorney and this is not legal advice.
I don't know the specifics of your property, but generally water and sewer are unable to be put in a tenant's name. If you have a single family, sometimes you can work something out, but if it is a multi, water and sewer is the cost of doing business. Best of luck.