First post here... So we have been dealing with a tenant who hasn't paid rent in 4 months now, we filed in December for eviction with a lawyer and we had a court date last week. Tenant has signed vacancy agreement saying she will leave the property by mid Feb. But now she is complaining about repairs to the property and random damages that were not brought up at the hearing or before she was sent an eviction hearing date.
Does the tenant have any recourse here, or should I just wait it out till mid-Feb and chances are she is not going to vacate, until she gets locked out?
Main Repairs - slow draining toilet and there was a roof leak in January (due to snow build up).
Just wanted to get thoughts here and what is other peoples experience on this.
As a last resort, nonpaying tenants tend to try this tactic. Don't worry about it. Make repairs as needed, but not every tiny thing. For instance, I might get a roofer's eyes on the roof situation but not bother too much about the toilet just yet.
To be sure I understand, court for December rent has just happened, but the courts aren't forcing her out until Feb, right? Just keep following through and make sure that your attorney is on the ball. Just because she signed a vacancy agreement doesn't mean she'll actually leave. Will there be an official eviction day where someone such as a Sheriff comes to the property to see that she leaves?
Hi Nicole, Thanks for the note.
Yea she has till mid-Feb to officially leave, if she doesn't then it gets sent to the Civil Parts office to have someone come and remove her. NJ is terribly slow about this, she got 20 days to leave (minimum is 10) and then if she doesn't leave by the date it takes another 2-3 weeks for someone to come remove her.
The property is in a condo so I already had the condo association look at the roof the same day the leak happened. She is just complaining of the cosmetic damage inside the house, which I am waiting to repair till she leaves. There are two bathrooms in the property so, I know I have that recourse.
I just wanted to get a second opinion here, since the lawyer said just to take care of the damage, which I am planning to go do tomorrow, its just paint and probably run an auger through the toilet.
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