[NJ] My tenant wants to pay for parking while not paying rent. Would accepting payment complicate an eviction?
Hi there! I'm preparing a notice to pay rent or quit for a tenant who is two months late paying rent in Jersey City, New Jersey.
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If you accept a parking payment, you could still evict, but you'd have to be clear, in writing, that it will not count as rent and will not prejudice a future eviction. You could use language like this: "Landlord accepts this parking fee payment without waiving any rights to pursue eviction for nonpayment of rent." This is important because, as you know, accepting partial rent essentially waives your right to evict (N.J.S.A. 2A:18-61.2).
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Hi there! I'm preparing a notice to pay rent or quit for a tenant who is two months late paying rent in Jersey City, New Jersey.
Lexi, Chatbot
I understand the urgency of your situation. Has the tenant been late with rent payments before?
Not like this.
Lexi, Chatbot
Are there any specific terms regarding late rent in the lease agreement with this tenant?
Here’s what it says in the lease:
“If the Tenants fail to comply with any of the terms of this Lease, the Landlord reserves the right of re-entry and may take any required action and charge the cost, including reasonable attorneys’ fees, to the Tenants as additional rent. Failure to pay such additional rent upon demand is a violation of this lease and can result in the eviction of the Tenants. Tenants may be evicted if they do not pay the rent when it is due, do not comply with the terms of this Lease or for any other cause allowed by law...”
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No.
Elizabeth
Hi there! Welcome to AskaLawyer. My name is Liz, and I’ve been an attorney for more than a decade, and I am here to assist with your concerns. So I can best help, what concerns do you have with the eviction notice?
Thanks! I want to make sure I am following the correct steps to create and serve this notice to pay rent or quit in Jersey City, New Jersey.
Elizabeth
Perfect. Have you already drafted the notice?
First time doing this. The tenant is two months behind. She’s always paid on time or made arrangements if she was going to be a little late. This time, she is unable to work and is working to secure benefits to help her pay rent. I want to give the tenant a chance to pay her back rent and catch up. She has been trying to pay the fee for parking while not paying rent. If I accept payment, would that complicate future eviction?
Elizabeth
If you accept a parking payment, you could still evict, but you'd have to be clear, in writing, that it will not count as rent and will not prejudice a future eviction. You could use language like this: "Landlord accepts this parking fee payment without waiving any rights to pursue eviction for nonpayment of rent." This is important because, as you know, accepting partial rent essentially waives your right to evict (N.J.S.A. 2A:18-61.2).
To be clear, parking is an optional fee, separate from the rent. Is it still considered partial payment?
Elizabeth
It’s not considered a rent payment, just a miscellaneous fee.
So it wouldn't affect a future eviction trial?
Elizabeth
You can make it clear it is not counted towards her rent, which is why you are actually evicting.
Ok, thanks for that.
Elizabeth
Of course. Is there anything else I can assist with or clarify?
Are there any other considerations? In this city, you have to give a tenant 30 days to pay or leave the premises before filing for eviction. Are there any other steps I can take to secure a timely eviction?
Elizabeth
You could offer, for example, to waive the owed rent if they would leave without the court process.
Good suggestions. Appreciate your help. Have a good evening!
Elizabeth
You're very welcome. I hope I was able to help with your situation! If you have any other questions, feel free to ask.
Elizabeth
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