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My tenants are moving in 2 weeks and have not allowed me to show the apartment. What are my rights?

Phillipsburg, NJ |

I have tenants going on 4 years. They got angry at because my property manager did not up keep the grounds. A month later he did very little. They also used their security deposit for rent legally as I never put it in the bank. They have been harassed continually by the manager since they reported him and are moving do to constructive eviction. They refuse to paint the apartment back to white, the rugs are ruined and a window is broken. They will not allow me to show the apartment until they are done moving. The manager is my son and he lives on 1st floor of my 2 family house. I live in Florida. He changed the locks on the doors as they had not been there for a week. Police had forced him to change them back. No one has involved the court. Can I sue for damage and loss of rent?

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Attorney answers 3

Posted

Based upon the facts that you set forth in your post, I think the least of your worries is your problem showing the property. Your failure to put the security deposit in an interest-bearing trust account for your tenant is a serious violation of landlord-tenant law. If you sue them, they can countersue you and you'll have to pay all of their attorneys fees and costs plus additional damages, in addition to paying your own attorney to sue them. I would strongly suggest hiring someone other than your son to manage your property. You need to hire an attorney.

Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.

Posted

You need to consult an attorney. Failure to properly deposit the security deposit represents a legal problem that the tenants can use against you. On the other hand, if you had a lease agreement, there should be a provision permitting the property to be open for things like a showing. You may have a very tough fight because there seems to have been major issues created by your son's negligence.

DISCLAIMER: This communication does not create an attorney-client relationship and is not legal advice unless you have entered into a fee agreement with the Law Office of Anthony J. Van Zwaren, P.C. and have paid the required fees. The information contained in this email may be privileged. Dissemination, distribution or copying of this e-mail or the information contained within it by anyone other than the intended recipient is prohibited. If you are not the intended recipient, please delete this message and any attachments from your system and notify us.

Posted

I agree with Mr. Zwaren. You may need to wait for them to leave before showing the apartment as doing otherwise might cause further friction between them and your son.

On a personal note, you sure your son should be managing your property?

I may be guessing or not licensed in your state. No atty/client relationship exists.

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