Tenant gave moving notice with no new apt - advice needed (apartment, renter)

[jdacunha]

A tenant of mine did not pay his last month of rent for the month of October. He told me to use the security deposit for the last month's rent, which I know is illegal and he cannot do. He told that he is leaving October 31st even though he does not have a replacement apartment yet. He is telling me not to worry that a local church can take him and his family in. I mistakenly only accepted 1 month security, instead of 1 1/2 because I was trying to help him out originally. Since then, I have found out that he is illegally in this country as well.

I proceeded in renting the apartment for November 1st based on him telling me he was leaving. Now I am in a potential bind with the new tenant requiring housing on that date.

Additional issues are I rented the apartment to two people (1 bedroom), since then they have had two children, so they have 4 people in a 1 bedroom apt.

I've had him sign a letter stating that he did not pay the October rent, has notified me that he is leaving and that he will be fully liable for any damages I face should he not leave by November 1st.

He had a 1 year lease, then went to a month to month 18 months ago.

Anyone know what state law is if a tenant tells you they are moving but, end up not moving?

[HudsonCoNJ]

And this is why regardless of what anyone tells me, I don't believe it wise to hold rental properties.

OP, I don't have a specific answer for you. You probably know better than I do that NJ laws tend to protect tenants more than landlords. Nothing you said would indicate that your tenant is not leaving by October 31st, so I'm not sure why you're concerned.

[jdacunha]

He said he will leave but he doesn't have a rental or any housing at this point. He said for me not to worry that he will ask for his church to take him in.

[jdacunha]

This would never deter me in owning rentals. I've had my properties for three years, no issues. There are risks in life to make 8-10%.

[CSD610]

State Landlord Tenant Laws
Start here ^^^^^


I have a question though, how are you going to repair, repaint, etc by November 1, 2017 when the current renter is not moving out until October 31, 2017?

[flyonpa]

You would have to look at the lease, but most standard leases put them in default after the 10th of the month.

So you should file the eviction for non/payment first thing Monday morning, (or get a NJ Landlord lawyer NOW) to start the processes. Don't wait. It will probably take you 2-3 months to get them out. And you will be stuck with fixing the damage on your dime + three/four months of no rent. That can kill your 8-10% ROI real fast,

[jdacunha]

[quote=CSD610;49831781]State Landlord Tenant Laws
Start here ^^^^^


I have a question though, how are you going to repair, repaint, etc by November 1, 2017 when the current renter is not moving out until October 31, 2017?[/QUOT


The house is 2 1/2 years old. It just needs a clean up and a few touch ups that I can do in a few hours.

It's only a 750 sq ft apt.

[jaymoney]

But what hours are those going to be if the current renter doesn't move out until midnight or something. Seems like you are cutting this one a little close when it comes to getting a chance to repaint or do any fixes.

[lammius]

Yeah. You have to repaint and let the paint dry before someone else can move in. You’ll need more than a few hours.

[brook2ga]

Filing an eviction notice isn't necessary at this point. If he leaves on the 31st and hopefully no damages, there's nothing lost. If there's work to be done, your new tenant may be able to give you a day or so to complete repairs.