How to legally evict a troublemaker tenant?

Question

Requesting guidance from experienced landlords in New Jersey.

I have a trouble tenant renting a condo from me for past 4 years. Every time there is an appliance issue, he threatens me to deduct money from the rent if there is more than 2 days delay in repair. I am very responsive to their issues and have been sending contractors for repairs every time they have reported issues with appliances. However at times it has take about 7-8 days for repair. The tenant is using this as a leverage and is threatening me to deduct money from the rent. Also there is 1 month of rent he forced me to use from his security deposit, citing covid related hardships. 8 months have passed and he has still not replenished the security deposit.

What are the best legal ways I can evict this tenant? What valid reasons I can give him without breaking NJ law? Pls advise. Thanks

Jill F. · Answer

Andy,learn the laws in your state and municipality. Here is a NJ site with links to applicable revised code:https://nj.gov/dca/divisions/c...

In Ohio the tenant would have to make the repair request in writing and you would have 30 days to rectify the problem and if not rectified after 30 days the tenant could escrow rent with the court.

Knowing the rules in your area is your best defense.

Shawn Mcenteer · Answer

@Andy S. Start with your lease.  When does it expire & what are the terms for appliances/fixes around property?   This sounds like a lease issue that you can fix once it comes time to renew, a powerful lease goes a long ways in NJ.

Kathy Henley · Answer

@Andy S. Sometimes parts take time to arrive. Ouch. I do know that eviction is costly (time and money.) It should be be close to renewal time. Do not renew. Follow the language in the lease on giving the tenant notice of not renewing. Or if negotiating a renewal, add a few points to the 'Amendment to the Rental Agreement' (after the new dates and new rent is called out):

-Maintenance requests or repairs will be scheduled for repair within X days of their request. LL will make every attempt to complete the repair as soon as possible.

-No repairs can be made by the tenant without the LL permission. Should the Tenant make a repair without permission, the expense will not be reimbursed.

-A security deposit of X will be paid with the signing of this Amendment. It will be held against any damages that arise during the tenancy. The security deposit WILL NOT BE USED TO PAY RENT. Deposit will be refunded according to the local statute.

Nathan Fisher · Answer

The best advice is to talk to a lawyer.

Just this week, spending $200 talking with a lawyer, saved me several thousand dollars.

Find a good one and keep them on speed dial.

How to legally evict a troublemaker tenant?

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