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What kind of procedures can we start doing since rent is late, they are already late on this month and he is been late past 3 mo

Clifton, NJ |

My parents really stressed on making up to date payment with their mortgage and the people renting the second floor are already late on for the month of march. I was told by my parents that for the past 3 months, they have been paying little by little every month and it came to a point that mom had to withdraw money from her savings in order to cover that up. I'm really worry to see my parents worry so i decided to pay w.e its left for this month and next month. And although, we feel bad because they are good people, we just cant keep on going forward with this, and i dont want to see my parents stressed more with other personal problems we are facing. Thank you

Attorney Answers 3


Do the tenants have a lease? Are there late fees? Are they tenants paying the late fees? The LL can serve a Notice to Quit for habital late payment of rent. Then they can be evicted. However, if your parents are having a hard time making ends meet this may not be the solution as your parents would incurr costs to re-rent the apt etc. The better solution is that when the lease ends to add late fees as "additional rent." If the lease does NOT have those words you cannot collect a late fee. Also make sure that the tenant's security deposit is in a separate account and the tenant receives proper notification of where it was deposited or the tenant can use it as rent.

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yes there is a late fee on the lease, but they havent been paying any, and my parents let it slide through because they felt bad, but now that im learning more of how this procedure works then I'm going to check the lease ends. Thank you for taking the time to answer my question

Anthony J Van Zwaren

Anthony J Van Zwaren


Oftimes, as they say, no good deed goes unpunished. It is important to maintain the security deposit properly, because at least they can hope to retain that if your parents have to move towards eviction proceedings for habitual late payments.


Habitual late payment of rent is a cause to evict under the anti eviction act. There is a procedure to follow as outlined in the act. If you would like a free consult, call me at 908 391 5399

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As my colleagues have noted, not paying rent on time can be good cause to evict under the Anti-Eviction Act. Your parents' situation is difficult, considering they are putting themselves out of pocket in the short term to ensure the tenant pays rent on time. If this persists, your tenant may say the conduct was ratified and acquiesced-to by your parents, and has now changed the lease to that effect (I wouldn't want to make this argument in court, but it's a legitimate argument that won't get you laughed out of the court room by the judge.)

On the other hand, evicting tenants will mean your parents will be forced to dip into their pockets to cover expenses until a new tenant arrives...and that might take a month or several months. It's a lose-lose situation.

That being said, and with the understanding that I do not know your family's specific situation, my feeling is that your parents are losing money no matter what they do. However, if they remove the non-paying tenant, they can get a tenant in there who will honor their obligations properly.

The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.

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