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Old 03-12-2011, 06:13 AM
 
11,113 posts, read 19,440,273 times
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This tenant/landlord relationship is already off to a bad start. I'd find another place if this isn't resolved soon enough. We can all say what we would do, but an attorney is the only one who counts on this problem. For a few dollars maybe an attorney's letter would work.
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Old 03-12-2011, 07:28 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,489,836 times
Reputation: 26727
Quote:
Originally Posted by jdm2008 View Post
I see alot of people suggesting witholding rent however in new jersey you may only withold rent for repairs that threaten habitability, that course of action might get u evicted. Of course the threat is something u can use.
This doesn't really fall into the category of withholding rent. Ultrarunner has suggested approaching the LL in writing pointing out that he's being deprived of the use of a portion of the leased premises and that the rent should therefore be reduced accordingly until the LL's property is removed. I think it's an excellent suggestion and one which will more than likely result in the LL removing his belongings pronto. Let us know how it works out, freesweets!
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Old 03-12-2011, 08:12 AM
 
Location: Simmering in DFW
6,952 posts, read 22,618,924 times
Reputation: 7295
Quote:
Originally Posted by STT Resident View Post
This doesn't really fall into the category of withholding rent. Ultrarunner has suggested approaching the LL in writing pointing out that he's being deprived of the use of a portion of the leased premises and that the rent should therefore be reduced accordingly until the LL's property is removed. I think it's an excellent suggestion and one which will more than likely result in the LL removing his belongings pronto. Let us know how it works out, freesweets!
I'm casting another vote for this approach. I'd send him a certified letter with a clean, simple statement indicating that the items must be removed by March 31st or the lease for this 2 bedroom place is void because I clearly have been deprived of the use of the 2nd bedroom. And, unless otherwise responded to via certified letter, I will plan on retroactively reducing by 30% my rent on the property, as it is actually only a 1 bedroom at this time.

Now I don't expect any of these statements would be held up in court, but they should outrage the LL enough to get him moving his stuff. I would certainly not make my own arrangements for their removal because of the potential claims on his part that they were damaged.
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Old 03-12-2011, 08:51 AM
 
4,399 posts, read 10,637,676 times
Reputation: 2383
Quote:
Originally Posted by STT Resident View Post
This doesn't really fall into the category of withholding rent. Ultrarunner has suggested approaching the LL in writing pointing out that he's being deprived of the use of a portion of the leased premises and that the rent should therefore be reduced accordingly until the LL's property is removed. I think it's an excellent suggestion and one which will more than likely result in the LL removing his belongings pronto. Let us know how it works out, freesweets!
i agree 100% that it should and this is something to bring up, and put into writing and all that, however I'm just pointing out, if it comes to following through(if the landlord does not move his things) then he might get into trouble if he unilaterally withholds (part) of his rent.
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Old 06-05-2012, 05:45 PM
 
Location: Outer Space
1,523 posts, read 3,891,099 times
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I am having a similar issue.

We made it very clear when we viewed the house that we didn't want the landlord's furniture. The landlord then said it would be moved. We wrote an e-mail later that said we would be willing to sign if all of it moved to the garage at move in and was gone by July 1st. Fine by phone. We signed and then about a week later, the landlord called and said it was gone. The next week we moved in. There were still several pieces of furniture left behind and a bunch of junk in the garage (not furniture). The whole third bedroom was still taken up by a heavy and ugly bedroom set. We partially disassembled the furniture to move it into the garage. The landlord seemed annoyed by this but left us with no choice because we rented the house with three bedrooms and we told them we did not want any of the furniture.

The landlord called to say they would come later next week to pick up most of the rest of the furniture, but fully expects us to store this huge bedroom set that is taking up a good part of our garage. Um...no. We wanted this house because it had a two car garage and we want to park both of our cars in it. There is nothing about furniture in the lease. Dumb I know.

I am not sure what to do because we like the house otherwise and don't want to move again (at least not until the lease is up). :/ Any advice would be appreciated.
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Old 06-05-2012, 05:54 PM
 
Location: The Triad
34,090 posts, read 82,565,007 times
Reputation: 43650
Quote:
Originally Posted by Sonnenwende View Post
I am not sure what to do...
Stop talking about it and start WRITING.

If the situation were reversed the LL would be giving you a "cure or quit" notice
to remedy the situation in (usually) 3 days. Do similar.

TELL them that if their property is not removed as they asserted they would do
and by that give you full use of your rented premises...

hth
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Old 06-05-2012, 06:41 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,489,836 times
Reputation: 26727
Quote:
Originally Posted by MrRational View Post
Stop talking about it and start WRITING.

If the situation were reversed the LL would be giving you a "cure or quit" notice
to remedy the situation in (usually) 3 days. Do similar.
Send the letter return receipt certified mail and advise him that if the furniture isn't removed within 10 days you will deduct a portion of the rent for storage fees until it's removed.
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Old 06-05-2012, 07:08 PM
 
Location: NJ
17,574 posts, read 46,011,716 times
Reputation: 16271
It sure would be a shame if those items were stolen........
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Old 06-06-2012, 01:24 AM
 
Location: Kailua Kona, HI
3,199 posts, read 13,354,365 times
Reputation: 3420
Quote:
Originally Posted by jdm2008 View Post
I see alot of people suggesting witholding rent however in new jersey you may only withold rent for repairs that threaten habitability, that course of action might get u evicted. Of course the threat is something u can use.

You are quite correct. I doubt withholding rent will hold water if it came down to brass tacks.

Instead of threats try this. Ask the LL "Would you like me to order a mover on a certain day to bring this furniture to you, or would you like me to advertise and sell it for you, 50/50 split? I need to be able to use the room by the first of next month, so please let me know which you prefer, and the day you'd like delivery." See if this doesn't motivate him without creating a hostile relationship from the get-go, even if it's not your fault.

I had an owner leave his dog at the house we bought! He said please, can you babysit the dog for a few days yadda yadda, and I said sure. But this turned into about 2 weeks, call after call was futile. I finally called him to see if he was home "Yes", and said, "I'll be over in 15 minutes please don't leave". We pulled up, handed him the dog. It was weird.
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Old 07-08-2015, 03:04 PM
 
2 posts, read 2,251 times
Reputation: 10
I live that apartment for over year and I decide to move out and I have furnished in the apartment what will I do Bout landlord throw my furnished without eviction paper from court
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