Legal Question in Landlord & Tenant Law in New Jersey
I am a landlord of a property. My tenant started their lease in March and just last week they reported that the upstairs toilet was leaking into the downstairs. I had a plumber remove the toilet and try and clear the line without success. The plumber then had to cut holes in the 1st floor ceiling to expose the toilet line. He found the line and cut out a section that he believed was clogged and found the blockage. The line was completely clogged with tampons and tampon cardboard applicators approximately clogging 2 feet of the 3" copper drain line. I lived in the house for 8 years and the line never clogged. The tenant admitted to flushing the items but says she is not negligent in the clogging of the line. I told her that she is going to be responsible for the repair costs. She says she is not paying. My lease clearly states that damages due to negligence on the part of the tenant is their responsibility to pay. Am I going to have to sue them or do I just notify them that upon the end of the year lease they are to vacate and at that point take the cost of the repair out of the security?
3 Answers from Attorneys
When the lease ends, you could deduct the repair cost from the security deposit and send the balance as well as an itemization of the deductions to the tenant. This, however, does not mean that the tenant cannot dispute the claim of negligence and file suit to recover the security deposit that you retained. It then becomes a proof issue at trial. Feel free to drop a note to me at [email protected] to discuss further.
Frank
It depends on the terms in the lease. Most leases would allow you to deduct the amount now and then bill them to reimburse the security deposit account. That would not stop them from challenging the charge, in Court or otherwise.
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 an attorney who has knowledge concerning landlord/tenant issues for a full consultation before you take any further steps. You may feel free to call me 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
I have read what the other attorneys wrote.
Seems like you have a serious problem tenant. You will want her to pay NOW, and you may want to think about trying to get her OUT.
Smarter to have a landlord-tenant lawyer like me help you out. New Jersey's laws are much too favorable to tenants.
Please give me a call. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further.
I am in Hackensack, Bergen County, New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
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