We are now about four weeks into the COVID-19 crisis here in New Jersey and across the country. I hope you’re all healthy and safe.
Today, we’re talking about how landlords are collecting rent from tenants. It’s important to balance the ability of landlords to collect rent with the sensitivity we need to show to tenants who are having trouble keeping up with those rental payments because of unemployment issues and other financial problems that are related to this crisis.
Eviction Moratorium and Rent Collection A few weeks ago, Governor Murphy signed Executive Order 106, which restricts the ability of landlords to remove their tenants from a property for not paying rent. It does not restrict people from filing evictions. So, there’s some interplay between that eviction restriction and how you can still collect rent.
We represent a number of property management companies, and this crisis has caused us to change our collection methods a bit. We’re using a softer tone when we ask tenants why rent hasn’t been paid. Even before this pandemic, many of our property management clients had what we call frequent fliers – people who wouldn’t pay rent and needed to be chased down every month.
For a lot of clients, the collection rate hasn’t changed too much. It’s about the same now as it was before the pandemic started. That may change with the May rents, however.
Revised Pay or Quit Letter The letter we’re now sending to tenants notifies the residents that they haven’t paid rent. It says that if the tenant cannot pay it, they need to call their property manager to discuss their specific situation in more detail.
In this letter, we also include some of the resources available to tenants who may be struggling. This is the revised Pay or Quit letter. Pay or Quit letters go out on a regular basis when rents aren’t paid after between five and eight days, depending on the property management company we’re working with.
Even under normal circumstances, when we’re filing evictions and going to court, we always try to come up with a Consent Order to Pay with the delinquent tenants. That’s far more favorable to landlords who want to keep a tenant in place and not start all over to find new tenants.
Our goal is still the same: to work with residents to get the rent paid.
Filing for Evictions After May Governor Murphy’s Executive Order does not allow evictions for 60 days, but it does not prevent filing for those evictions.
We are suggesting to our landlord and investor clients that they do file for eviction after the May rent is due and not paid. We’ll see what’s happening from that point forward. If you get your filing in place, at least you’re waiting in line for the courts to reopen and the process to start.
Even during this long period of time, we recommend you do everything you can to work out a deal with your tenants. You’re practicing better customer relations when you try and work something out. Avoiding eviction is better for you and your landlords. We have a long way to go, and we need to work together. Be practical.
Our overall picture is this: be sympathetic to your tenants while keeping in mind that your landlords have to pay their mortgages, too. We’re all going to get through this together. Be healthy and hang in there.
I was hired by the Power of Attorney over an individual to clean out years of hoarding activity, rat infestation, human and rodent waste and to find and secure all financial records , investment account statements, bank accounts, billing statements and personal memorabilia, photos of his family and travel scattered within the debris. I provided a quote to complete the work which was agreed to and signed by both parties. When the work was completed I provided a full report of the services that were provided and did a walk through with the Power of Attorney which was signed off by the Power of attorney that the work had been completed and payment would be issued. The following week the Power of Attorney informed me that she had resigned her position administering the mans estate because he became physically abusive with her and that she had turned over all the mans documents to the administrator of the assisted living facility the man had been placed in and notified adult protective services that the records were at the facility and that the man needs someone to manage his finances and healthcare. To date no one has stepped in to handle his responsibilities. None of his bills have been paid except the place where the man is living. The woman there has the man call his stock broker and sell stock every month to pay her bill.
Last week a Realtor who lives in the mans mobile home park went to see the man and told him he had to sell his mobile home or the State was going to auction it off for unpaid property taxes in July. Which was an outright lie. The mans taxes are current up to this year. He scared the man into listing the property under value and the following day went back and had him except an offer that was not in his best interest to another resident in the park. None of that transaction is relevant to my claim except that the realtor does not believe that the work I was hired to do on the property is required to be paid through escrow. What do I need to do to get my money for all the work I did to make the mobile home ready to sell in California?
MORE info- The plaintiff is adding legal fees in civil suit- HOW?
Refresh info of case:
The company in question in a mult $100 million company. Because I said to the executive I ''would kick his A** and he was dead if he did not stop stealing from shareholders or resign'' He is pushing the threat. There council said if I come up with $40,000 they would stop the restraining order and drop the issue. Otherwise he will sue me civily for the $40,000. ( 2wks of Security and LEGAL FEES)
I lost 10's of thousands and was angry. Can the words your dead cost me $40,000? I have no record, not even a parking ticket. Its just a stressfull financial times. And when the company flat out told me ''we don't care about your losses....'' I was pissed
Question:
Of the $40,000 the company says I am responsible for in 2 weeks, Over half is legal fees. I can not find any statute that allows this. IN Fact most of what I read says you can not sue for legal fees.
Am I reading this correctly.