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Updated over 7 years ago on . Most recent reply

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Winn L.
  • Hoboken, NJ
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Tenant plans to leave prior to eviction court

Winn L.
  • Hoboken, NJ
Posted

Hi everyone, 

This is a followup to my earlier post:  My tenant texted us saying that he will leave this week.  Our trial date is scheduled for next week.  Assuming he is telling the truth this time, should we still go to court?   In the text he also mentioned that we can keep his one-month security deposit (how generous!).  However he still owes more than six weeks of rent, plus fees.   I read somewhere that we should still go and have the case "converted" to small claims court?  Also, there is a clause on interest on additional rent accumulating at no more than 18% interest.  How should that be applied on the rent?  

To cap from last time - he is renting our one-bedroom condo in Hoboken, NJ.  

Thank you.

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,448
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

@Winn L. you justs learned an important lesson. Once you start the eviction process, do not stop it. 

If your tenant did move out early, do not let him leave without signing a statement that he has moved out, that he gives up all rights to the property and anything left behind, and that he acknowledges any amounts owed. If he refuses to sign that statement, continue with the eviction to guarantee you've closed the loop and received a judgment.

Odds are you will never collect a dime from him but you can get the judgment and turn it in to collections as a warning to other Landlords.

  • Nathan Gesner
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The DIY Landlord Book
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