canceling the lease

[tragrid]

My jurisdiction is: NJ/USA

Hi- I signed a tenant and her daughter for a 6month lease in my condo in NJ. Her lease started June 15th 09, but I allowed her to move a few weeks before. We completed a lease but she did not give me the deposit then and she still has not completely given it to me as yet. And she has not given me this month rent? She has only made 2 deposit into my account - 1 was the rent for June and a few weeks later some of the deposit. Now we are in July and no rent has been paid or the rest of the deposit. she has promised 3 times this month to deposit and nothing has been done. I called her yesterday and today to talk with her and she has not answered or return my call. Can I cencel the lease...? If so-what is the process and what can she do to prevent me from canceling the lease?

Thank you,
Desperate

 

[Michael Wechsler]

More information on the eviction process and court can be found here,

New Jersey Eviction Process

What you'll need to do first is deliver a "notice to quit" or also known as a three day notice. I believe it is three days notice. The notice needs to specify the cause of the termination of the tenancy (non-payment of rent), and needs to be served either personally upon the tenant or a person in possession of the condo by giving that person a copy or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years. You do need to show the court proof of notice. I'm not sure but if the notice can't be personally served, I believe sending with proof of mailing/delivery or having someone personally deliver and/or pushing under the door may work if they refuse to answer the door. I don't know for sure but providing the three day notice with proof is critical. Reference the lease agreement in your three day notice, the terms, what is due and what has not been provided to you to "cure" the breach of your lease agreement.

Hopefully my quick response is enough to get you started. I'm sure the court clerk can answer any short question you may have. Good luck.