Check out these 3 questions about tenants that we often get asked at our office. Then, call our New Jersey lawyers today for a free review.
What Do I Do If My Tenant is Only Paying Part of the Rent?
If a tenant pays only a portion of the rent that’s due, the landlord should accept that rent. However, the landlord should then seek proper counsel and file an eviction complaint against the tenant. If the landlord has a lease that designates all enforcement payments as additional rent, the landlord will be able to recover – not just the rent that’s owed – but also any late charges and fees, such as attorney fees and court costs the landlord had to incur in order to bring the tenant to court and successfully recover rents that are owed.
What Can I Do If My Tenant Refuses to Pay Rent?
Non-payment of rent is the most common tenancy action that takes place in Landlord-Tenant Court. If the landlord has a lease with an additional rent clause, the landlord can file suit to evict the tenant in the Landlord-Tenant Court, and may also seek to recover all legal costs related to that, as well as any late charges. The tenant must provide an adequate reason why the rent wasn’t paid – such as not having access to the apartment, or damage or defects in the apartment in some manner that would cause a reasonable person not to pay rent. Unless a tenant can show that, then the tenant is going to be evicted. A judgment for eviction will be entered in favor of the landlord, and the landlord may proceed to have the tenant locked out of the premises.
What Should I Do If My Tenant Breaks the Lease?
When a tenant breaks a lease, the landlord has access to several remedies. First, the landlord can file a Civil Action against the tenant to seek payment of rent that would have been paid had the tenant complied with the lease. The landlord does, however, have an obligation to mitigate damages. For example, if a tenant breaks a lease with, say, four months left, the landlord can’t simply sue the tenant for the four months’ rent. First, the landlord must make reasonable efforts to rent the premises, and he must be able to document those efforts. Once the landlord makes that effort – but is not successful – he can seek to have the tenant pay all the monies that would have been paid under the lease, had the lease not been broken.
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Have you or a loved one been struggling with a tenant and want to know more concerning our 3 questions about tenants? Contact our New Jersey Landlord Tenant Lawyer for a free consultation and case evaluation.