Tenant Wants To Break Annual Lease NJ

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Tenant Wants To Break Annual Lease NJ

Account Closed
Member since 2018 · 7 posts · 0 votes

Good Morning, 

I live in New Jersey and assist my father in managing his rental property in Trenton. This is my first time at this. Getting my feet wet for when I buy my own property. We had a new tenant move in on March 18th and she now wants to break her lease citing there is a roach problem. Prior to her move in the apt was exterminated early March. In her first month, she mentioned the roaches where a problem but said she was going to do things to remedy it, i.e. moth balls, sprays, etc. I told her to let me know how that went or we would do another extermination. 

Fast forward to now and she says she wants to break her lease by the end of the month and that she got the place bombed three times. She never informed me and I don't believe this was a professional bombing. On my end I neglected to have the place exterminated by waiting on her response. She sent me a text message on 6/4/18 which isn't 30 days written notice. 

The place was vacant for 3 years and I'm just trying to help my father. The lease does not touch upon breaking the lease. It is a generic NJ lease and the only thing that comes close is the clause about abandonment. 

Lawfully, what are my options? Can I keep her deposit? Do I sue (but I'm in the wrong as well). Any advice would be very much appreciated. Thank you all!

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Scott Jelinek
Virginia Beach, VA · Member since 2016 · 18 posts · 23 votes
8y
I do not know New Jersey law but in my area, I would be able to keep the deposit. You can sue but you may lose due to a sympathetic judge. (And I would agree with judge). If I were you I would not sue, I would wait till she is out and then bomb the hell out of it to try and rectify the problem before the next tenant moves in and you have to go through this all over again. The mental Real Estate you will give up to fight it is not worth it. Just my 2 cents.
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  • Scott Jelinek
    Virginia Beach, VA · Member since 2016 · 18 posts · 23 votes
    8y
    I do not know New Jersey law but in my area, I would be able to keep the deposit. You can sue but you may lose due to a sympathetic judge. (And I would agree with judge). If I were you I would not sue, I would wait till she is out and then bomb the hell out of it to try and rectify the problem before the next tenant moves in and you have to go through this all over again. The mental Real Estate you will give up to fight it is not worth it. Just my 2 cents.
    1Reply
  • Account Closed
    OP
    Member since 2018 · 7 posts · 0 votes
    8y

    Thanks so much for your response. I'm wondering if I'll be able to keep the deposit even though it's not stated in the lease. I'll have to research further. 

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    Give back all her money and let her walk. There is no reason she should be penalised due to the uninhabitable condition of the unit. Lesson learned.

    1Reply
  • Account Closed
    OP
    Member since 2018 · 7 posts · 0 votes
    8y

    Thomas, no. 

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  • Account Closed
    OP
    Member since 2018 · 7 posts · 0 votes
    8y

    Let me be clear. This is not a roach infestation. I've visited the residence on 2 occasions since March and she has not complained since then. This to me maybe steaming from a late payment notice given that she was defiantly unhappy about yet she has never paid rent on time. 

    I completely understand my fault in this and proof of the property being unhabitable will need to be proven as I don't believe that is the case. It does not negate the fact that she signed a one year lease. 

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  • Mike S.
    Rental Property Investor · Huntsville, AL · Member since 2013 · 419 posts · 323 votes
    8y
    Originally posted by @Account Closed:

    Thanks so much for your response. I'm wondering if I'll be able to keep the deposit even though it's not stated in the lease. I'll have to research further. 

     State specific caveat, but my lease places not only the burden of pest control on the tenant, but requires it if they see pests.  That being said, I have had this come up with a new tenant and I offered treatment.  My statement basically said,  "In consideration that previous tenants may not have kept pest control as required in the lease, see clause 31, I will reimburse you up to $80 for a one time treatment.  Please schedule treatment and send me the invoice and I will credit you that amount on the upcoming month's rent."  Also, bombing is not an effective roach treatment.  Long term, you need gel bait applied in crawl spaces, under sinks, etc. Also, those little black roach baits can be placed in corners.  Short term, those boxed glue strips can be placed around as well.  It can be a do it yourself job, but you'll want to make sure the pest control technician is doing a bait and gel treatment and not just a walk around spray treatment.

        At this point, the tenant does not have cause to terminate as long as you are remediating the situation.

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  • Mike S.
    Rental Property Investor · Huntsville, AL · Member since 2013 · 419 posts · 323 votes
    8y

    FYI, Thomas should be ignored.

    1Reply
  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    8y
    Originally posted by @Account Closed:

    Let me be clear. This is not a roach infestation. I've visited the residence on 2 occasions since March and she has not complained since then. This to me maybe steaming from a late payment notice given that she was defiantly unhappy about yet she has never paid rent on time. 

    I completely understand my fault in this and proof of the property being unhabitable will need to be proven as I don't believe that is the case. It does not negate the fact that she signed a one year lease. 

     we cant say 100% in either direction because we cannot see or know the extent of roach problem. what we do know though, is that health and safety concerns (which can stem from bug problems) are usually very frowned upon in the court system, especially in NJ which is very tenant friendly. if this went to court, you would be the big bad slumlord up against the poor, deprived tenant who was tricked into living in a roach infested apartment. of course, I have no way of knowing what the truth is, and I'll assume its not since you seem like a decent person. the fact though, is that the tenant should not have a roach problem the first month living there unless he or she lived like an absolute pig. if she had lived there 8 months, I would be more inclined to push the issue. since she has had bug issues since the beginning my instincts are telling me that what is right, would be to let her leave at the end of the month and agree to amicably end the lease. I fear fi this went to court the judge would end up saying the place was not fit for habitation and in extreme cases can make you give back every penny of rent she paid so far.

    after she leaves, you need to seriously evaluate the property and what you/your dad are doing in real estate. you said this place was vacant for 3 years? Holy hell that's not ok. Its either the worst place in the worst neighborhood, or you both suck at finding tenants. You should sell or hire property management depending on the issue. Also, why is there a bug problem so soon after you exterminated? Did you hire a licensed and insured company who offers a warranty on their services or was it Joe the handyman down the street who promises his can of raid is just as good? Is this a condo in a big building? Maybe its a ******** and all the rooms and infested. In that case, just sell it.

    If you wish to continue to invest in real estate, spend some time researching your local laws. This is prudent to being active as a landlord in any state, moreso in NJ.  

    1Reply
  • Chris Masons
    Investor · Union, NJ · Member since 2011 · 838 posts · 295 votes
    8y

    How do we know the roaches are not a direct result of her lifestyle or living habits? Something is causing them to appear....

    You said you did a treatment back in March before she moved in? Was it vacant then? Were there roaches at this point? DO you have a warranty for the treatment?

    Offer to treat again but I would visually inspect the house and see if there are any tell tale signs....

    Since your lease doe not state tenant will lose security upon breaking lease I am not certain you have the right to keep security....

    good luck,

    Chris

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  • Account Closed
    OP
    Member since 2018 · 7 posts · 0 votes
    8y

    Thanks everyone for your responses. Reading all the diff perspectives has been insightful. I'm absolutely not going to try any attempt to make her stay. That's not the plan. 

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  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    8y

    @Mike S.

    "FYI, Thomas should be ignored."

    Mike is correct, you should ignore me and learn your state landlord tenant regulations before dealing with tenants. It is your responsibility to know the laws that govern your business. If you intend to be a property manager know the law.

    As for this tenant if she has been paying late you are better off without her. Your codes will out line your rights regarding the deposit.

    0Reply
  • Peter TverdovBusiness Member
    Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
    8y

    Just wanted to add, that as a property manager, whenever my tenant tells me there is any sort of insect/vermin issue I take care of it IMMEDIATELY to avoid any issues like this. Very few people know how to get rid of bed bugs, roaches, etc. Take care of it ASAP, then bill the tenant if it was tenant caused and your Lease offers you that protection. 

    [email protected]732-289-3823
    0Reply
  • Alex Price
    Cleveland, OH · Member since 2018 · 133 posts · 59 votes
    8y

    @Account Closed so has there ever been a roach issue before she moved in? If not then the question is; Did she bring the roaches with her and blame you? Many property managers before renting to new tenants go to their current place first to see how they live. Also have you seen the roaches with your own two eyes and since it's occurred have you sent an exterminator? With that said, the moment roaches were reported it's your responsibility to get rid of them not the tenant's. Letting them take it into their own hands leads to all sorts of problems. Not sure of tenant laws in New Jersey but in Ohio the tenant has the right to leave if the place is deemed uninhabitable.

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