Problem tenant not paying rent

1 Reply

I own a two family in n Bergen, nj and I have a problem tenant. Tenant stopped paying full rent starting June, July,aug,sept,nov and then nothing for December. I know I was late with this by I started legal procedures in dec. we technically do not have a lease because I never sent him a signed copy but we are going under the assumption that we have one. A notice to cease was served to him in Dec. he has been playing the mold game with me and is stating I did not repair leak that he reported months ago. I sent several people to investigate and no one could accurately find the source so I informed them they need to let me know right away next time it leaks and take pics or videos. We had several bouts of heavy rain but they never gave me any evidence. So I am waiting for that but I promised them that I am going to send someone who will work thorough and fix if he finds something. Meanwhile he keeps barking about mold. We did a test and remedied whatever was found. Problem here is that I failed to do a clearance test after the remediation I just did not know that there is something like that. Now it's been 10 days since the remediation and he has enough time to do something with property that may cause the clearance test to fail and me having to spend again for remediation which is very expensive. So I am in the flux there. My other concern is that since our utility close is in common space I cannot lock it and with my trust level with this guy being zero I am afraid he might do something malicious and cause inconvenience to my 2nd floor tenant. I also want to know that since he has not paid rent am I obliged to address all his issues? I mean he could cause heat to stop working and other habitability issues that will force me to fix and cost me. Please help. I have a lawyer but obviously he is working on 50 cases and he will tell whatever is legal 

Originally posted by @Account Closed:

I own a two family in n Bergen, nj and I have a problem tenant. Tenant stopped paying full rent starting June, July,aug,sept,nov and then nothing for December. I know I was late with this by I started legal procedures in dec. we technically do not have a lease because I never sent him a signed copy but we are going under the assumption that we have one. A notice to cease was served to him in Dec. he has been playing the mold game with me and is stating I did not repair leak that he reported months ago. I sent several people to investigate and no one could accurately find the source so I informed them they need to let me know right away next time it leaks and take pics or videos. We had several bouts of heavy rain but they never gave me any evidence. So I am waiting for that but I promised them that I am going to send someone who will work thorough and fix if he finds something. Meanwhile he keeps barking about mold. We did a test and remedied whatever was found. Problem here is that I failed to do a clearance test after the remediation I just did not know that there is something like that. Now it's been 10 days since the remediation and he has enough time to do something with property that may cause the clearance test to fail and me having to spend again for remediation which is very expensive. So I am in the flux there. My other concern is that since our utility close is in common space I cannot lock it and with my trust level with this guy being zero I am afraid he might do something malicious and cause inconvenience to my 2nd floor tenant. I also want to know that since he has not paid rent am I obliged to address all his issues? I mean he could cause heat to stop working and other habitability issues that will force me to fix and cost me. Please help. I have a lawyer but obviously he is working on 50 cases and he will tell whatever is legal 

 Tenant hasn't paid rent. Evict the tenant immediately. Everything else is irrelevant. Once that tenant is gone go ahead & fix up any maintenance issues with the property. Find a new tenant, collect their rent. Rinse & repeat....Down the road, buy a boat.

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