Pre Eviction - Notice For Entry

[rowz]

NJ

Hi there:

We have a budding problem with a tenant.

Tenant was properly noticed mid January about the end of lease.
New lease was offered [with increase].

Their repsonse was a letter refusing to pay last months rent, refused increase & further states that they plan to stay, and pay NO RENT for tthe next 3 months. [4 months total]

Our lawyer has filed eviction. As far as we know they have yet to receive the notice of Court date.

They have not put trash to street in 3 weeks [6 pick-up dates missed].
There are 2 children in diapers in the house.

When garage is open, we can see inside from the street and believe that the garbage is being stored in the garage.

Is there anything that we can do to get them to put the trash out?
Is there any danger/point in noticing them that we will be entering the unit for a "pre move out inspection", or inspect smoke detectors?


Thanks.

RowZ

 

[Banned_Princess]

NJ

Hi there:

We have a budding problem with a tenant.

Tenant was properly noticed mid January about the end of lease.
New lease was offered [with increase].

Their repsonse was a letter refusing to pay last months rent, refused increase & further states that they plan to stay, and pay NO RENT for tthe next 3 months. [4 months total]

Our lawyer has filed eviction. As far as we know they have yet to receive the notice of Court date.

They have not put trash to street in 3 weeks [6 pick-up dates missed].
There are 2 children in diapers in the house.

When garage is open, we can see inside from the street and believe that the garbage is being stored in the garage.

Is there anything that we can do to get them to put the trash out?

well, you can give them 24 hours notice that you will be entering the premises for an inspection, then take out the trash yourself.

Is there any danger/point in noticing them that we will be entering the unit for a "pre move out inspection", or inspect smoke detectors?

I see no problem with that.

Thanks.

RowZ

No problem.

 

[Tayla]

ROWZ Said:They have not put trash to street in 3 weeks [6 pick-up dates missed].
My Reply: Good because usually its kept near the curb, so placing it in the street would be a violation of the city or county ordinance.
There are 2 children in diapers in the house. My Response: Send them coupons, diapers are expensive!

ROWZ Said:Is there anything that we can do to get them to put the trash out?
Is there any danger/point in noticing them that we will be entering the unit for a "pre move out inspection", or inspect smoke detectors?

My response: Offer them vitamins, maybe they are low on energy to get the trash to the curb....
No danger in sending notice of entry, just becareful you dont step on diapers, kids , or creepy crawly things that go bump in the night.

The use of a lawyer for eviction and then following the state processes is best, as you seem to be following.

 

[atomizer]

Ignore the above post by banned princess. Your tenant may sue you for throwing away their personal property or worst yet have you arrested for theft. The best thing to do during an ongoing eviction is to stay away. You don't want to be accused of harassment.

 

[Big Bill]

Do an inspection & take code enforcement with you to document. If it's bad, call Child Welfare Services. With 2 in diapers that house must stink.

 

[QueenofEngland]

If they're using disposable diapers, and aren't removing them, then for the sake of those babies, give 24 hours of notice, then go in to inspect, and if there are weeks worth of diapers, call CPS/DCF.

Don't remove any trash yourself. You don't want to risk them suing you. Until the trash is at the curb, it's still their property.

As for evicting, you're already doing what you can. It's a common tactic to hold off on serving until the last possible moment to do so as it both gives the defendant the least time to prepare a defense and is that many fewer days that the defendant can ruin the property.