What are my options with these tenants?

What does one do when they have problem tenants that have previously been late on 3 rent payments. We let the 1st two slide due to the holidays and being late only a few days, the 3rd we charged a fee. They had me fly 3,000 miles in April to do an emergency inspection. They complained of so many issues. Turns out none of the issues were any problems, and the ones that were were minor wear and tear. They altered carpeting, paint and other things, and deducted the carpet from Aprils check. My lawyer said we can get them for nonpayment of rent since I never agreed to have them take money out of the rent. We've allowed them to pay monthly installment to pay down the security deposit. They only had enough for 1 month, not the half. In this rent check they paid rent on time but not the security dep. I sent out an email and also reg. mail charging them a late fee, and giving them 5 days to pay the installment with the fee or face a possible eviction. It is due tomorrow. My question is, is if|||You really need to follow through with the eviction if they don't respond. You're right that New Jersey favors the tenants. Unfortunately, you can't evict them for non-payment of the security deposit since it's not written in your lease.





Non-payment of rent, habitual lateness of rent, damage or destruction to your property (altering the carpet, etc.), violation of landlord's rules and regulations, violation of lease agreement (altering the premises?, non-payment of late fees) are all causes for eviction that may apply in your case. Non-payment of rent doesn't require notice to start an eviction, everything else does require proper notice. Be sure that your notice is thorough and complies with NJ law (see links below), as this is an easy way for tenants to get an eviction complaint dismissed. Get your lawyer's help if you think you need it.





If your tenants don't respond, go ahead and start the eviction. They've already shown lack of respect for you, your property, and the lease agreement. To allow them to continue as is won't improve the situation, and to not follow through will encourage them to disregard any future notices and demands.





One piece of advice: Always collect the full deposit before the tenant moves in. The deposit is insurance for getting a well-behaved tenant.





Good luck!!!|||Yes you should evict, why wouldn't you? You can find better tenants out there that pay on time.|||I don't know what you've got in your agreement but the tenancy agreement I have with my landlady is that I cannot perform any re-decorating without written permission from her. It also says I will agree to pay rent on time and a few other bits and pieces your tenants have broken.





If these things are in your agreement, you can evict them without having to pay any money back. If not then draw up a tenancy agreement stating all the things they can and can't do and if they won't sign it, evict them then and find tenants who will agree to what are not unreasonable things to do when you're living in someone elses house.|||These are problem tenants and will continue to be a problem, evict them and start out fresh and you might consider professsional property management, since there is such long distance between your property. Good luck.|||ALWAYS evict "problem tenants," especially as you are not there to monitor them. You have shown incredible weakness from day one. An iron fist can always be loosened, but it's difficult to go in the opposite direction.





Why don't you have a local representative to manage the buillding? These people are costing you money out the wazoo unless you are using the tax write-off to visit the old neighborhood.





Never allow yourself to be in a position to have to depend on the income from problem children to make your nut. Get rid of them. You already have a hook of "habitual lateness" on the rent. Refuse to accept the next late payment and begin eviction procedures.





In the future document EVERYTHING. A paper trail is your best weapon.|||Hey, K, good to hear from you .....





Are these tenants on a month-to-month or lease arrangement?





If it's month-to month, simply serve them in accordance with your states stands for due process,[usually a written notice to vacate the described premises at the close of the current 30-day period which is sent via USPS Certified Mail, return receipt requested, to their last known address].





Forget the drama!





If it's a lease, re-contact me %26amp; specify in which state you own this income property, okay?





Have a great day!|||You don't say how many months are left on the lease. If it's just a few months I'd let the lease expire and kick them out when it expires. The cost and red tape of eviction is not worth it for just a couple of months rent. Bad tenants are a pain aren't they?|||PelMel's advice is right on. Evict the tenants on grounds of lateness in rental payments. It's a sufficient cause of action.





Good luck!|||Hello Friend , The first mistake is a verbal agreement !!! Have a very strick lease drawn up for future tenants, your hands are tied if you don't have a signed lease with the requirements stated to be allocated in the event of non-payment or unauthorized repairs to a rental property. Also be sure to do a credit check on the next tenants. I would not allow the carpet repairs to be deducted from the rent if you did not approve the changes. Have you lawyer draw up a new lease and if they refuse to sign it ? Then you have a legal right to issue a 30 Day eviction notice. But beware,,, If your not near the property, they may cause severe damage in this 30 Day period !! If you don't reside in N.J. you may want to have a realestate company handle your properties for a small fee as not to have all this DRAMA !! Good luck friend !