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Taking Possesion - Landlord Forum thread 354967

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Taking Possesion by Anonymous (NJ) on November 7, 2017 @13:07

I have a tenant in NJ with a 2 year lease. He is breaking the lease and have started legal proceedings. He hasn't paid his rent for 2 months.

My question is as follows: I know he's planning on leaving. If/when he calls that he's left the apartment, do I still need to wait for the court to legally permit me back in to the apartment?

I'm looking for the safest course of action as I believe this tenant is not going to be out of my life even AFTER he moves out.
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Re: Taking Possesion by Garry (Iowa) on November 7, 2017 @17:47 [ Reply ]
Unless he voluntarily gives you the keys back, or gives you something in writing, saying that he has moved, then, yes, you still have to go to court to get possession back. It does not matter what he is "planning" to do, nor what he "says" over the phone. No matter who calls who, you need to meet him at the property (if possible), get the keys from him personally, and take a pad of paper and a pen with you, so he can write down that he is giving you possession back as of that date. He also needs to put down a forwarding address so you know where to send his deposit statement to.
Once you get possession back, take pics of how he left the property, before you start cleanup and repair procedures. Even if you get possession back before the court hearing, still go to court and let the judge know what has happened. The judge may still grant you "legal" possession,or he may just dismiss the case against the T. You won't know til you go see the judge.
Re: Taking Possesion by Nicole (PA) on November 7, 2017 @20:43 [ Reply ]
I know noting about NJ but I get the tenant to write me a note that says they are returning possession of the property to me, that anything left inside or out is now mine to keep, sell or dispose of as I see fit. it's actually 3 paragraphs long. I get their signature, get the keys and it's mine.

I keep it civil and respectfully the entire time.

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