tenant refusing entry for repairs NJ (apartment, lease, eviction, renter)
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I have a tenant who has been a nightmare since the beginning. She claimed the apartment had no heat and called inspection on us. Everytime we went in she indeed did have heat but when the inspector came it somehow ended up being less than 65 degrees. We went to court and made all repairs possible. She refused to pay rent and is now being evicted. Her eviction is at the end of the month but her shower needs a repair for hot water. She has complained about this several times but everytime we come with a plumber she never opens the door. She claims she isnt there but she is. We cannot go inside because she has dogs. She now claims she has missed work too toO many times waiting for repair. She is the type to call inspection and say we are failing to make repairs. I sent her a certified notarized letter with the attempts made. I have tried again for the 4th time and she says we can come in the week before she moves out. What can I do? This lady has a family member as her attorney so she isnt scared to go to court. She has also accused us of stealing her heat and hot water but pseg and a plumber state she is paying for her own utilities and nothing is crossed. She also reported the basement as an illegal contingency but it is not being rented my daughter stays there.
Make sure you have all your documentation with attempts for repair. You should of gotten a call out charge from the plumber or AC when they showed up. This will be your proof of attempted repairs.
Next time don't rent to people with pets and do better screening. I bet she has other evictions
You need to require the dogs are crated or confined to a place where you and they won't tangle. Post on her door (take a photo) and email here at least 24 hours before you will be there. Tell her the dogs must be confined or out of the house. You can also enter and carry bear spray if yu are afraid of the dogs. I've never had to do this...
The dogs are there without our permission. She claimed they weren't hers but they are always there.
If your lease states no dogs then you should of served her a 3 day notice to remove the dogs off the premises. If she refused you should of filed for eviction.
i just got done an ejecment proceeding in nj and was told by my lawyer that if it isn't written into the lease that the landlord has the right to give ample notice to enter the premises then the renter can legally keep you from entering the rental unit during the entire lease period. It was a frigging nightmare but it all worked out in the end. I literally had to call the state police to escort me onto the property to serve ejectment paperwork for court.
i just got done an ejecment proceeding in nj and was told by my lawyer that if it isn't written into the lease that the landlord has the right to give ample notice to enter the premises then the renter can legally keep you from entering the rental unit during the entire lease period. It was a frigging nightmare but it all worked out in the end. I literally had to call the state police to escort me onto the property to serve ejectment paperwork for court.
I suggest you get another attorney to deal with rental matters or suggest he hone up on state landlord tenant laws as they prevail.
The dogs are there without our permission. She claimed they weren't hers but they are always there.
Are you serious? Are you telling us that you did not taken action to demand the dogs be removed when you first discovered they were there? How long have the dogs been in the unit?
i just got done an ejecment proceeding in nj and was told by my lawyer that if it isn't written into the lease that the landlord has the right to give ample notice to enter the premises then the renter can legally keep you from entering the rental unit during the entire lease period. It was a frigging nightmare but it all worked out in the end. I literally had to call the state police to escort me onto the property to serve ejectment paperwork for court.
Every state gives the landlord the right to enter to make emergency repairs or to address health or safety issues. But, in some states (you didn't mention where the property is located so I'll assume it's in one of those states) you can not enter without tenant refusal and tenant can not unreasonably refuse. A couple of states the law is written in such a way that the ability for a landlord to enter is provided in law so long as its in the lease. Legal paperwork is another ball of wax and as you found out, lease provision or not, law enforcement will always allow you to serve the paperwork regardless of the tenant's objection.
Every state gives the landlord the right to enter to make emergency repairs or to address health or safety issues. But, in some states (you didn't mention where the property is located so I'll assume it's in one of those states) you can not enter without tenant refusal and tenant can not unreasonably refuse. A couple of states the law is written in such a way that the ability for a landlord to enter is provided in law so long as its in the lease. Legal paperwork is another ball of wax and as you found out, lease provision or not, law enforcement will always allow you to serve the paperwork regardless of the tenant's objection.
OP's thread title says NJ and NJ laws are clear, viz:
"The same regulations provide that upon reasonable notification tenants must give the landlord and
the landlord’s employees access to the dwelling unit for the purpose of inspection and maintenance.
Reasonable notification is normally one day. However, in the case of safety or structural
emergencies immediate access shall be granted.
... A landlord may request entry to a rental unit to perform other services or to show the unit for rerenting
or sale. However there is no law that obligates a tenant to allow a landlord access to the
rental premises for purposes other than inspection, maintenance and repair. Therefore, the issue of
entry in other cases should be addressed in the terms of the lease."
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