want to evict b/c non payment

[mothra36]

my renters pay late every month, and have at times not even paid the full month. now they want to use the sec depoist as jan rent, and are now 2 months behind. she gave me 500 for Feb on the first, it is now the 15th (rent is $1400) i want to evict them. can they use the security deposit or this total violation of my rights? i am going to start the process but just wondering if i have a leg to stand on in court? they say they are not paying b/c the washer and dryer aren't working. but the pipes are frozen b/c they didn't heat the room properly (like i told them to) i am having a plumber go out and fix the pipes and shut off the water to the washer, i don't need the pipes bursting and ruining my property,b/c they didn't heat the room. Will this come back to me in court? they now owe me 1500 in back rent and my sec depost is gone, i feel screwed and don't live in the area anymore. i will have to fly back to evict them. they also had a water leak in the ceiling which they didn't tell me about, and claim that is why they stopped paying. as soon as i heard about it i called the mgt company and they went out and fixed it. they simply can't afford they place. she also fell down the stairs in the apt, and broke her arm, and was out of work for a while. can she sue me for this?

[OHlandlord]

Do not allow them to use the deposit for rent ever!!!!

Have the plumber write on his repair receipt that the tenants did not allow heat into the laundry and that is what caused the pipes to freeze. Then, since this was the tenant's fault, send the tenant a copy of the bill with a note saying it is due within 10 days. (Yes, bill the tenant for the damages!)

Serve a pay or quit notice along with another bill for all monies due. Note that the rent she paid in February went toward paying January's rent. State that you cannot allow any tenant to use the deposit as rent. Show the deposit still present, but the rent outstanding for that month. (NEVER ALLOW THEM TO USE THE DEPOSIT!!!) Include all past due & present rent on this bill, along with late fees if they are listed in your lease, and the bill for the plumber. If they do not pay the full amount due before the pay or quit expires, refuse payment and move to evict. (Some states allow you to accept partial payment and still evict - call the clerk of court and ask about this.)

As for her fall, unless they notified you of a hazardous condition that caused the fall beforehand, you knew of this condition and failed to act on it, or you neglected the place and that was the reason for her fall, you have no liability for this.

Since you live out of the area, could someone else there serve the pay or quit? (You could email the bills to them to attach.) If not, you may want to call an eviction attorney (not a RE attorney) who does this for a flat fee.

[tsrodriguez]

i live in NJ, i been telling the land lord for over a month that the screen door was broken, wouldnt close, the washer was broke and the window fell out. a week went by never called for the window, i had it fixed myself so no one would break in. about 2 weeks later he called for the window, i told him i already had it fixed. he sent someone to fix the screen door but it still did not close properly. my son tried to close it one day and the glass window in the door broke on him and he needed 20 stiches. Can i sue for this. he never had anyone fix the washer. i wasnt going to sue for the injury to my son because i didnt want issues while still living there, but he is taking me to court to evict me because i am 1.5 months behind in rent. i have been sending him checks weekly to catch up. my lease is up next month, will i be evicted even if i pay all monies owed? do i have a case if i sue him for the injury to my son?

[OHlandlord]

Please put all information into the same post so we can be knowledgeable about all the issues. It is difficult to give correct advise when we have only part of the story in one post and another part in another post.

That said, the method of notifying your LL of needed repairs is wrong. Never TELL a LL that something is broken. Always put it in writing that you need repairs. Only tell the LL of emergency repairs. For everything else, you want it in writing, and you want to keep a copy. If the LL is slow to repair, you want to send this written notice to him by certified mail, return receipt requested so you can prove you notified him and that he did receive it. If you only tell him, he can say later that he never knew anything needed fixed. It then becomes your word against his in court. You will not be able to prove to a judge that he knew that something needed fixed.

As for the repairs, a broken window is an emergency repair unless there is another window covering it (like a storm window). With no window your unit is unsecured and it would allow the weather to enter the unit (rain in the window, heat and cold to enter, etc.). He should have repaired this within 24-48 hours. The storm door is not an emergency repair, nor is a broken washer. He could have taken up to 30 days to repair these.

Since you cannot prove the LL was informed about the need to repair the storm dorr, it is doubtful you could win a suit against him for your son's injury. Had you put the repair request in writing, you could prove he knew about it and that he was negligent for failing to fix it.

Now for the eviction, since you provided your state in this post, I can better answer this question. In NJ, the LL must allow 30 days after issuing written notice for you to pay the rent before he can start eviction. He must accept the rent and court costs (and late fees if they are listed in your lease) up to the day of the trial. If you do pay, he canot evict you. He can only evict for non-payment for habitual late payments in the state of NJ. But keep in mind that once your lease ends, he can simply issue you a notice to vacate as a month to month tenant and you will be forced to move. Your protection ends with your lease.