Legal Question in Landlord & Tenant Law in New Jersey
My boss and I are worried about a particular tenant on her farm who has been extremely difficult and unpredictable. Thankfully, his lease is coming to an end, yet we wonder if he can find a precedent that gives him the right to sue to stay there. He is himself a lawyer, and wants to stay because his children are happy, and one of them happens to be autistic, yet my boss is the owner and landlord and wants to take the house back for herself. It is the mere fact of his 'individuality' that makes us scared that he would find a way to take any legal action, he has used it all along. As an example, when he first moved in (to a luxury farm house) he simply did not pay the rent, claiming it was uninhabitable, and trying to take discounts for things that we already fixed. When we filed to get him removed right away for three months non-payment, he simply said only his wife signed the lease, and therefore we did not have the right party to be in court. He settled and paid the night before court date, and thus our two year nightmare began.
He constantly violated the lease, by such things and 14 times being late, trying to alter the property without our permission, and complaining about the rain and normal things. Meanwhile, the state where he is from produced a judgement where he owed $80,000 and it cost us to go to court for that, and he remained in the house. Finally, the only good thing is the lease expiring.
Please advise, anyone, on guesses for what grounds he could possibly us to either (1) stay after the expiration, (2) sue us for not offering a renewal to the lease. Thank you.
1 Answer from Attorneys
You may want to give him notice of non-renewal of the lease well before the expiration date (e.g. 60 days) via registered and/or certified mail. Given that this is not a residential building the tenant does not have the right to a renewal unless there is such a provision in your lease agreement.