All Forum Posts by: Monica Horn

 Thanks Nathan!

I've decided to do what  you said in #1-3 above. 

Had tenants who were an unmarried couple.  Together on lease. 
One moved out 5 mo ago. One remained and has kept up with rent.

Lease is up Nov 1.  Offered the remaining tenant a new, 4 mo lease as his income and credit score is not great. This is a brand new lease as the "Tenant" of the previous lease now does not include the room mate who left.  Too significant a change to simply "renew" the lease.

So, I have to inspect the property and return the security deposit to the "Tenant" (both room mates together on one check). Then get a new Security Deposit from the tenant who is staying in the house.

I know there are at least 1 or 2 things in the property that are considered "damage" not "normal wear and tear".   So I planned on deducting accordingly from the Security Deposit.  Then I looked over NJ state law on this and it reads:      "no deductions shall be made from a security deposit of a tenant who remains in possession of the rental premises."

Now, "tenant" in the original lease is defined as the two room mates TOGETHER, equally.

So, in the eyes of the law would that mean that "tenant" has, in effect, moved out and is no longer in "possession of the rental"?   Meaning I *could* retain deductions from the Security Deposit they gave me together    ----OR----

Would the case be that this remaining tenant has not yet given up "possession of the rental" and so I have to wait until he vacates the property to get the damage fixed and deduct cost from his (individual)  Security Deposit.?

Thanks in advance! 

[not located in Newark, it's just the nearest to me of the NJ locations in the drop down]

Thanks to all for taking the time to reply. 

Going forward, this is very good information:  "we require any unrelated tenants to each fully qualify for a rental. ie, each person on the lease would need to meet the income requirements. For married couples we don't require this but for unmarried couples or room mate situations we do. We learned this from experience."   My previous realtor did not mention this as an option.  I will be using a different realtor next time and planned to discuss ways to prevent this situation again. I will mention your strategy, @John Teachout

Yes, @Bruce Woodruff , I will "wise up". As I mentioned in my OP, I am admittedly very inexperienced in this.

New landlord here, due to inheriting my parents home.  So I'm pretty "green" in all of this.  Pls be kind.

Have a 1 yr lease (drawn up by realtor) that is set to end Nov 1st.  Unmarried male and female are on the lease, jointly.  Female is the higher earner, making more than twice the male.  Seemed like the perfect tenants.  They break-up one month ago. She moves out.   Female told me then (verbally), that she is fully aware of her "financial obligation to the lease and will make sure full amount is paid until lease is up".    Welp, that worked for the first month after she moved out.  Got separate checks from each for half the rent.   Apparently the breakup got more nasty or the female spoke to someone who changed her mind as to her "financial obligation to the lease".  Now she is refusing to pay her half.  I did receive half of the rent this month from the male tenant, on time.  But I'm not sure the male can afford the full rent with just his income.  He also has 2 kids from previous relationship.  

At midnight tonight,  the rent due June 1st will be 5 days late.   Lease states:  " Each tenant is individually responsible for the entire rental payment.  Any arrangement for contribution or payments between Tenants does not affect or bind the Landlord.  A charge of $50 will be assessed for each rental payment received after the 10th of the month in which it is due.  Each charge will be paid as Additional Rent with the monthly payment.  Time for monthly payment is material and of the essence which means that if the Tenant does not pay rent fully by the 20th of the month, the Tenant will be in breach of this contract and subjects to termination of the lease."[=-

I know it's early yet, but I'd like to know what my plan of action should be IF my suspicions are correct and the female is withholding her half of the rent in order to force me to start eviction against her former partner (the male).  She has an excellent financial record and a very good job so I feel that she has the most to lose if full rent continues to go unpaid, so I don't know why she would risk this (maybe as a means of getting back at him?) but, who knows?