All Forum Posts by: Jonathan Herron

I second @Vaughn Smith that virtual meetings are a great way to network during this time.  Many people are working remotely these days and social interaction is appreciated both for professional growth and to help break up isolation.

While evictions are currently halted nothing prevents a landlord from filing an eviction action with the court.  Right now when the court date would be scheduled is unknown but once landlord-tenant court restarts the earlier filings will likely be heard first.  Right now there would be at least 2-4 weeks of cases being rescheduled pushing new filings to later court dates.  

The other positive to filing the complaint is that any agreement reached on repayment would be considered a settlement of the eviction suit, and a settlement agreement could be filed with the court. The failure of a tenant to keep to the settlement would make removal easier once removals restart. (This is assumed since the situation is fluid and changing regularly)

Not replacing would likely make you in violation of any warranty of habitability and could negatively affect your ability to evict and/or pursuing collections in the future. (All of this is theoretical since I don't know Maryland law well enough to give a concrete response)

The other worry is that damage to the property could be caused by the tenant trying to self fix the issue.  Making sure the property is repaired in a timely fashion could save money in the long term.

In many locations, the maximum amount of a security deposit is set by law.  In NJ it is 1.5x the monthly rent.  Another option is to require a cosigned to guarantee payment.  If the not creditworthy tenant were to default on payments you would be able to go after the cosigner for payment, and the cosigner's credit would be on the line if payment were not made.

The anti-eviction act typically requires a renewal be offered unless you have cause for the eviction.  The process for an eviction is fact-specific and one mistake will cause your eviction case to be thrown out of court.  

It is generally possible to have an automatic renewal in the lease to prevent the tenant from having a month-month tenancy.

@Thurmon Cohen , I know that this is after the 7th, but if your tenant did not pay you should discuss with your attorney the next steps.    Without knowing all the history of the case and how it has reached this point it is almost impossible to provide a good answer.  

I am sorry you have had to deal with this nightmare tenant but at least it will come to an end at the end of this month.

@Jessika Baptist welcome to BP!

The choice of a title company or attorney really is your choice.  An attorney can give you specific legal advice that a title company cannot.  If you have an attorney draft the contract for you it can be tailored to your business goals.  The State contract is designed to be used by realtors throughout the State and not tailored to any one business or individual.  Having both of your contracts drafted together to work together can ensure that there are no issues in using the contracts.

@Luis Valdez it all depends what goes into the lease agreement.  It is possible to have an indemnification clause placed in the lease to limit your liability.  

@Steven Primiano I second what @James Lloyd said.  I would add that in New Jersey local ordinances are likely to control who is ultimately responsible.  Without knowing the town the property is located it is impossible to give a specific answer.

@Jonathan Oundo you can do either first.  I usually advise clients to have the assignment agreement give you the ability to order the title on the property and that the person you assign the contract to uses that company.  In NJ there is no difference in price between the title companies.  This way you keep the transaction moving towards closing while you get the assignment agreement done.