Legal Question in Landlord & Tenant Law in New Jersey
Greetings,
I had built a favorable rapport with a new tenant, (I am a new landlord) that is now affected by a bad decision on his part: My tenant forced himself into a locked room in my rental property: luxury, top of the line, three story home in a condo setting with all new European toilets, all new appliances, all new carpeting, all new fixtures (plumbing and faucets), new glass and metal front storm door, new metal patio table and chairs, new outside lighting features, and ~all new first floor walk out suite: bathroom, kitchen, bedroom). My tenant was so thoroughly impressed with the uniqueness of my home, he bought all new furniture for his time in my rental home.
Further, my rental features high end internal architectural details. My tenant's friend made repairs to the heater. The tenant claimed the heater stopped in the wee hours of the winter, and he couldn't get a hold of me. Prior to this, we have been in communication by phone, and returned each other's calls promptly; he has my phone numbers.
The lease he signed clearly specifies he must not gain entry to that room, must contact me with any concerns (I live only three miles away ). It clearly specifies that he is not to make any modifications to that room or any other area. In our overall civil, in person conversation when I picked up the rent this month, (his payments are on time), I calmly informed him that he violated the lease, and my insurance coverage on the heater may now be in jeopardy, based on the undetermined condition, and what his friend did to my insured heater.
He also removed a new metal hood above the new stove in the main kitchen, discarded it, and replaced it with a new microwave. This was also done without my authorization.
Please advise. I appreciate your time and courtesy.
Philip in NJ
2 Answers from Attorneys
It appears that he may be in violation of the lease by occupying that portion of the property. Once you give him proper notices, if he does not vacate that area and restore it to the way it was, you may evict him. This gets technical; so you should seek the services of a lawyer.
Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a landlord/tenant attorney for a full consultation before you take any further steps. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner
There is a breach of the lease. The question is what remedy is appropriate. That depends on what you want to do about the issue and what the lease says. To go further with the matter would require more information. � My firm handles matters of this type. If I can be of further help to you, call or email. � See also: http://info.corbettlaw.net/lawguru.htm
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