Legal Question in Landlord & Tenant Law in New Jersey

nonpayment

I Like to know if i can enter my property if the tenants don`t respond to phone calls ,they have not payed rent for on and a half months rent ,and are note responding to any notice that have been mailed,they never seem to be home to serve papers.If they don`t move out soon I may not be able to pay morgage.


Asked on 1/20/07, 12:30 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: nonpayment

With a well-drafted lease, there is no reason for any landlord to go more than a few days without receiving the rent that is due. If the lease says so, it is lawful and customary for the tenant to pay attorney fees if collection is turned over to the landlord's lawyer. So, have a lawyer review the lease that you are using and ensure that it has the proper term to do that. Next time a tenant is late beyond any grace period, turn the collection and eviction (if necessary) over to your lawyer. If that tenant wants to stay, they will not only have to pay the back rent, they will also have to pay your legal fees and costs. If they don't intend to stay, you will get the premises back early and be able to rent it to a tenant who will.

That said, a landlord is permitted to enter the premises at reasonable times an with reasonable frequency for good cause unless the lease says otherwise. Notice to the tenants is nice but, in you case, you attempts at notice should be sufficient. Go have a look. Then call your lawyer to start eviction proceedings.

My law firm represents several commercial and residential landlords and we have been doing rent default suits for many years. If I can be of help, call or email.

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

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Answered on 1/21/07, 11:22 am


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