Legal Question in Landlord & Tenant Law in New Jersey
Unpaid over usage of utilities
In my lease it states that utilities are included. The next line in the lease says, any overusage of utilites will be signed in a separate agreemetn. The separate agreement is that anything over $160 in utilities will be paid by the tenant. It does not state that it is payable as rent. The tenant is refusing to pay the overage charges that he agreed to in a separate signed document. Can I only collect the unpaid usage charges in small claims court or can I use thes unpaid usage charges as cause for eviction. Thank You
2 Answers from Attorneys
Re: Unpaid over usage of utilities
you can have a qualified attorney serve a notice to cease the lease violation for failing to pay the overage, and if tenant still refuses to pay you can have a notice to quit with demand for possession served for the continuing lease violation. if tenant pays, likely they will be able to stay.
Re: Unpaid over usage of utilities
If the lease does not specifically classify the utility overage as additional rent, then you may have a problem using that as a basis for eviction. However, if the tenant is not complying with that term of the lease, then you still have an action for default under the lease agreement. The big difference is that nonpayment of rent would allow you to file the eviction action without further notice. The breach of lease claim would require additional notice to the tenant, and an opportunity for the tenant to cure the default before filing. If there is a mutual understanding that the additional utilities are additional rent, then you may have a basis for eviction for non-payment of rent. Either way, the only way to recover the monetary amount owed to you is in small claims.
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