Legal Question in Landlord & Tenant Law in New Jersey

I LIVE IN NEWARK NEW JERSEY

I HAVE A TENANT WHO WAS INFORMED BY A SET OF RULES THAT IF THEIR CAR CAUSED ANY DAMAGE (spotting)THEY WOULD HAVE TO CLEAN THE SPOT AND AFTER THE CAR IS REPAIRED THEY MAY PLACE THE CAR BACK ON MY PROPERTY.

MY TENANT IS DRAGGING THEIR FEET IN CLEANING A SPOT ON THE DRIVEWAY, AND CONTINUES TO PARK THEIR CAR BUT HAS PLACED SOMETHING UNDER THE CAR TO STOP ANYMORE DAMAGE. I WANT THE CAR OFF MY PROPERTY AND THE DAMAGE CLEANED AND AFTER MY OK PLACED BACK WITH PROTECTION FOR GROUND CAN I HAVE IT TOWED, WITHOUT LIABILITY AND INFORM THE TENANT WHERE THEY CAN FIND THEIR CAR WHAT LEGAL PROBLEMS WOULD I FACE FROM TENANT


Asked on 11/10/09, 8:43 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Having the car towed is one approach and I doubt that it would result in liability in the long run but it might be giving up the moral high ground. That makes winning a suit more difficult. Whether you have the car towed or not, you should give the tenant the apprpriate notice to quit (alternatively call a notice to cease) required by NJSA 2A:18-61.2. That notice warns the tenant that if the objectionable behavior is not stopped, landlord can have the tenant evicted. If you do that and the behavior continues, you may file an eviction suit in Landlor/Tenant court.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/15/09, 4:28 pm


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