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I have a tenant who has been late paying rent since she

Customer Question
I have a tenant...

I have a tenant who has been late paying rent since she moved in, in 2015. She has not paid the rent for Sept I sent her a notice to pay rent or Quit and she is saying its invalid since I gave her 3 days to pay rent and late fees and 10 days to leave

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

She said I have to send her a notice to cease first before sending an notice to quit Sure I'm in NJ

Lawyer's Assistant: Has anything been filed or reported?

No I'm planning on filing today but want to make sure i did the right thing

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it

Submitted: 7 months ago.Category: Legal
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Answered in 7 minutes by:
10/2/2017
Lawyer: legalgems, Lawyer replied 7 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,945
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 7 months ago

A notice to cease deals with violations of the lease other than nonpayment of rent; such as disorderly conduct, illegal behavior, destruction of rental property, etc.

For nonpayment of rent, a notice to quit is the proper remedy.

Per the state's website:

a. Failure to Pay Rent If a tenant fails to pay rent, the landlord may immediately take legal action to have the tenant evicted. The landlord is not required to give the tenant notice before filing an eviction suit, except if the tenant resides in federally subsidized housing. If the tenant resides in federally subsidized housing a 14-day notice must be given before filing a suit for eviction

http://www.nj.gov/dca/divisions/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf

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Customer reply replied 7 months ago
What steps do I need to take to have the tenant pay. She is also asking to have maintenance done on the dryer and repainting the show (shower is fine and can be used. Do I have to make these updates?
Lawyer: legalgems, Lawyer replied 7 months ago

The landlord is obligated to perform any maintenance/upkeep/improvements as specified in the lease; otherwise the landlord has to keep the property "habitable".

Please see:

http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/habitablity.pdf

The landlord can either request the tenant to pay, or they may file an eviction proceeding. Self help eviction is not permitted per NJ statute 2A:39-1

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Customer reply replied 7 months ago
Please explain self-help. Is the tenant responsible for paying count fees?
Lawyer: legalgems, Lawyer replied 7 months ago

Certainly; self help eviction is when the landlord changes the locks or otherwise prevents the tenant from occupying the unit without a valid court order that permits this.

It is within the court's discretion as to whether the tenant will be ordered to pay court fees; but generally since the tenant is the one who necessitated the court action by failing to pay rent, the landlord often recovers legal fees from the tenant.

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Customer reply replied 7 months ago
Please respond d to my previous question. The tenant was given a Notice to pay rent or quit. The notice stated 3 days to pay rent and quit within 10 day. Is this accurate or should it be 30days to quit
Lawyer: legalgems, Lawyer replied 7 months ago

If the tenant fails to pay rent, pursuant to 2:18-61.2, the landlord may file an eviction with the courts without providing any notice.

If the tenant habitually pays rent late and the tenant accepts those payments, then the landlord, pursuant to subsec (b) of the above cited statute, must serve a 30 day notice to cease on the tenant.

relevant statutes here:

http://www.lawrev.state.nj.us/landlordtenant/evictionDTR050310.pdf

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Customer reply replied 7 months ago
the 30 day notice to cease is covered under the pay rent or quit. Right?? Or do I have to complete a different form
Customer reply replied 7 months ago
If so where what type of form and where can I obtain
Customer reply replied 7 months ago
She has always paid her rent late from the beginning of her moving in. Now she just stopped paying
Lawyer: legalgems, Lawyer replied 7 months ago

The form would have to state 30 days notice-it would depend on the form used; there are many forms and some people custom draft their forms.

Unfortunately I cannot provide/draft a form as that would require a conflict of interest check, a retainer fee and agreement, etc.

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Customer reply replied 7 months ago
The pay rent or quit form I send you states that she has 3 days to pay and 30 days to quit
Lawyer: legalgems, Lawyer replied 7 months ago
I did not receive any forms. Please know that I cannot provide review of legal forms as that is an additional charge and I don't participate in that service
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Lawyer: legalgems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

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if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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