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Saphira

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Posts: 2
Reply with quote  #1 
I am very new at this. Rented a house to a family. They were in CA, I am in NJ, house is in NJ. They were going to move. We signed a contract a/o 4/1/19 and they drove from CA to NJ and arrived on 4/6.

At first all was well, then I started receiving complaint after complaint how if they had seen the house they would....... Their relatives have seeing the house before lease was signed and have approved. The lease is signed. The house is in very good condition and passed all the inspections.

I won't go into other problems but now they haven't paid the rent on 6/1 and are saying that because they didn't move in on April 1st, I have to prorate the rent for April. Lease explicitly states it is starting April 1 and rent is due on the 1st of each month. and they say rent is due on the 6th because they didn't move in until then and this is wrong and the rent is too high and on and on. 

The renter used to be a real estate appraiser and a relative is a real estate agent. they are also telling me that they were in the process of moving so they didn't really read the contract.......

I told them that I will not renegotiate the contract. it is a 1 year lease with an option for 2 and right to terminate with 90 day notice after the first year.

I am at a total loss. This is just another demand in a list of many, many others.

Any advice? 

Thanks for your help.
LLinVA

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Posts: 545
Reply with quote  #2 
Don't give an inch. These are the type of people to take a mile. Anyone in real estate should know to read the contract (which they almost certainly did). They're just hoping to be so annoying that they get their way. Maybe this is how they always are, maybe they bought something and are trying to be so annoying that you'll be happy to let them out of the contract early, maybe their job didn't come through as they expected, who knows. All you know and need to know is that they didn't pay rent on time, so you do what you would do with anyone in that situation and start eviction proceedings. In VA it would be to give them a 5-day pay or quit notice. Just follow the law. Or, just let them out and be done with them. Does your lease allow for any sort of early termination with a two month's rent as a penalty or anything like that? 
Saphira

Registered:
Posts: 2
Reply with quote  #3 
Thank you for your reply. No, I didn't know to write in an early termination into the lease. Took a boiler plate NJ agreement and it didn't provide for that. Now I know better. 
LLinVA

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Posts: 545
Reply with quote  #4 
Technically you could still offer it. You can change a contract if both parties agree (get it in writing). So if you offered them a buyout of two months and they accepted, then you can let them out of the lease.
OHlandlord

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Posts: 3,814
Reply with quote  #5 
Don't make their problems your problems.  They signed the lease - not your problem if they didn't read it.  It was set to begin April 1st - not your problem if they choose not to arrive until April 6th.  You were available to show the property - not your problem if they didn't come to view it before agreeing to take it.  The lease says rent is due on the 1st - not your problem if they feel they shouldn't have to pay until the 6th.  The point is - they had the opportunity to read and review the lease before signing, to come view the property before, to take possession on time.  These were their bad choices, not yours.  Serve the pay or quit notice required for your state.  Then proceed to evict if they don't straighten up.

AccidentalRental

Registered:
Posts: 202
Reply with quote  #6 
This is NJ.  It's a very tenant-friendly state.

Document every violation of the lease.  Rent is late AFTER the 5 business day grace period.  If they haven't paid by then, serve them notice and document it.  Do this every time they pay late because you can't evict a tenant in NJ unless they HABITUALLY pay late and you need to have solid documentation of this.

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