Legal Question in Landlord & Tenant Law in New Jersey

Landlord

I have a tenant that arrived via help from social services in December. He told me the money was guaranteed.

The rent I asked for is $575 per month. SS paid $734. On the question of utiities I stated ''The Innkeeper will pay for the following utilities: Cold water, gas, electricity, hot water and heat. Any over usage of the utilities will be worked out between the guest and Innkeeper in a separate written and signed agreement'' The separte agreement reads, ''If the total of Gas & Electric exceeds $160 in a monthly billing the guest will pay the Innkeeper the difference between to total of gas and electric and the $160 allowed.

He is refusing to pay it. Do I a case. Also, in the final part of the lease I state, ''This entire agreement in null and void should social services not approve the payments or if they for any reason withdraw the payments''.

The have in fact terminated him from the program. Can I enforce the nullification of the lease based on that statement or is that not going to hold up in court.

Thank You so much,

Frank


Asked on 3/09/09, 11:33 pm

1 Answer from Attorneys
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Re: Landlord

The enhanced utility charge is probably enforceable as a debt. However, it is not considered unpaid rent unless the lease contains a clause stating that it shall be considered "additional rent." If your lease contains such a clause, the nonpayment of the enhanced utiltity charge is equivalent to non-payment of rent and grounds for an eviction action. If it does not contain the clause, it can not be used as unpaid rent for eviction purposes but you can still pursue it when and if you sue for any monies due after the tenant leaves. As far as "null and void" provision, the wording is ambiguous at best and in any event probably not enforceable. Nevertheless, if rent is not paid, you have grounds for eviction for nonpayment of rent.

Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.

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Answered on 3/10/09, 10:36 am


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