Landlord Question and Answer Forum

My 2 family house 1st floor apartment is including basement as storage area. I want to change the lease to exclude it, but the tenant refuses it. Could the refusal be the reason for eviction ? The house is in NJ, and the lease is month to month.

Check local/state tenant laws...... You probably can change the terms but will have to give proper notice...... If tenants remain, you might consider a reduction in rent since the unit was rented to include the storage area.....another option is to provide an outdoor storage unit.

Posted by Stan M, CA on Thursday, September 14, 2017

Thank you for your response. I already offered the tenant some discount for removing basement a storage, but they don't want to take it, rather, asking unrealistic discount such as half of the rent. It's something basic, but I would appreciate if you could tell me where I could check local/state tenant laws, such as certain website, or city hall......

Posted by Keiko H, NJ on Saturday, September 16, 2017

It sounds like they are being unrealistic in their expectations for a discount. You could, 1. Serve them with a reasonable notice (30-60 days) to remove their belongings from that area. Also, include, the new rental price (with the discount.) OR 2. Give them notice to vacate the premises. Its difficult reducing access to areas previously accessible to them. I'd recommend speaking with someone from your local, dept of housing, to clarify any potential issues. Good Luck!

Posted by Diana S, CA on Saturday, September 16, 2017

Do a Google search..... new jersey tenant laws...... I agree with Diana, Serve them a Notice that the storage area will not be available as of (date - 60 days) and that the rent has been discounted to ($$$$). If new terms are not acceptable, their month-to-month rent lease will not be renewed and they must vacate the premises by (60 days is reasonable). Keep us posted.

Posted by Stan M, CA on Saturday, September 16, 2017

I found a NJ law 2A:18-61.1 Grounds for removal of tenants The reason for eviction due to lease change # i says "......does not substantially reduce the right and privileges to which the tenant was entitled prior to the conversion." I guess they have too much privileges in the basement now, including 2 bathrooms. Now I have a BIG QUESTION. One attorney told me that if a landlord's request for eviction is dismissed for the reason other than none payment, " ......be dismissed by the judge due to deficiencies in the complaint. This automatically guarantees your tenant one extra month in the apartment rent free." Could it be true ? I can hardly believe it, because I've never heard of that from anybody else, and anywhere else.

Posted by Keiko H, NJ on Tuesday, September 19, 2017

I'm not sure, but it seems like you could make them sign a new lease,for a year, not m-t-m, and say that the space will no longer be included. Saying that you are no longer doing a month to month is legal, and why not be able to no longer offer a space that was at one time available, and no longer is available. Good luck, keep us posted!

Posted by Cynthia H, OH on Thursday, September 21, 2017

You can't make tenants sign anything so why waste time. If they refuse to sign and you need them to move you just wasted approx. 3 months minimum ....... Sending tenants a Change of Terms Notice to remove items in 30 Days and state that they must reply within 10 Days (specify a date).......If they don't reply with a signature (all tenants), send them another Notice (Notice to Terminate Tenancy). Time - less than 3 months....... Check state/local tenant laws for time and other requirements .

Posted by Stan M, CA on Thursday, September 21, 2017

I'm really willing to file a law suit to evict the tenant after they refuse to sign for lease change, but I would really appreciate if somebody could answer my BIG QUESTION as I mentioned above if it's true "the eviction request other than none payment is evicted, one month of free rent will be automatically guaranteed to the tenant" (as an attorney told me before)

Posted by Keiko H, NJ on Tuesday, September 26, 2017