Jump to content
miserableloser

Terminating month to month lease in NJ

Recommended Posts

I am the landlord of a 2 family property in NJ and have a tenant who is on a month to  month lease that is the continuation of a year lease that was signed when the tenant first moved in.  The tenant  sent me a text on about 8/25 saying that she wished to move out on 9/15. I told her that the current term of the lease ended on 8/31 and that the earliest she could move out would be 9/30 since she would need to give me 30 days notice in order to terminate the tenancy and it is a month to month lease.  I have not heard anything from the tenant since, but when I spoke to her mother who is also on the lease when attempting to get my rent, she told me about a repair that needed to be done and I said I would take care of it when they moved out since this conversation took place on 9/4 and she was moving out on the last of the month.  Her mother than said, that has changed and that they didn't know when they were moving out since they did not find a new place to move in to.  I wish to terminate this lease and would like to know, do the same rules apply where I need to give her 30 days notice to terminate this tenancy or can I just send her a notice informing that the lease would come to an end at the end of September per her text message saying she wished to end the lease?

Share this post


Link to post
Share on other sites

You're probably on safer ground sending your own 30-day notice to quit (which would be effective 10/31) rather than trying to accept the tenant's 30-day notice, particularly since there has been some indication that the tenant may have intended to withdraw her notice.

 

 

 

Share this post


Link to post
Share on other sites

You're too late for September. You have to give one month.

 

See NJ statute 2A:18-56b:

 

https://law.justia.com/codes/new-jersey/2015/title-2a/section-2a-18-56/

 

However, if rent was due 9/1 and has been unpaid, you can evict for non-payment of rent. Unfortunately, eviction in NJ tends to take a long time if you have recalcitrant tenants.

 

As for repairs, you are obligated to do them when notified that a repair is necessary.

 

You seem to be a bit uneducated as to what it takes to be a landlord. I suggest you start by studying this tenant rights guide and then studying all the statutes and case decisions referred to in the guide.

 

http://www.lsnjlaw.org/Publications/Pages/Manuals/TenantsRights.pdf

Share this post


Link to post
Share on other sites

You're too late for September. You have to give one month.

 

See NJ statute 2A:18-56b:

 

https://law.justia.com/codes/new-jersey/2015/title-2a/section-2a-18-56/

 

However, if rent was due 9/1 and has been unpaid, you can evict for non-payment of rent. Unfortunately, eviction in NJ tends to take a long time if you have recalcitrant tenants.

 

As for repairs, you are obligated to do them when notified that a repair is necessary.

 

You seem to be uneducated about what it takes to be a landlord in NJ. I suggest you carefully study this guide.

 

http://www.lsnjlaw.org/Publications/Pages/Manuals/TenantsRights.pdf

 

And then study the laws and case decisions referred to in the guide.

Share this post


Link to post
Share on other sites
2 hours ago, miserableloser said:

The tenant  sent me a text on about 8/25 saying that she wished to move out on 9/15. I told her that the current term of the lease ended on 8/31 and that the earliest she could move out would be 9/30 since she would need to give me 30 days notice in order to terminate the tenancy and it is a month to month lease.

 

Why would you think she couldn't terminate the tenancy as of 9/24, which is 30 days after the date of her text notice?  I guess it doesn't really matter now.

 

 

2 hours ago, miserableloser said:

do the same rules apply where I need to give her 30 days notice to terminate this tenancy

 

Of course you need to give proper notice.

 

 

56 minutes ago, MiddlePart said:

You're probably on safer ground sending your own 30-day notice to quit (which would be effective 10/31)

 

Why would a 30 day notice not be effective until 10/31?  A notice given today (9/5) would be effective on 10/5.

Share this post


Link to post
Share on other sites
36 minutes ago, pg1067 said:

Why would a 30 day notice not be effective until 10/31?  A notice given today (9/5) would be effective on 10/5.

 

It seems that in New Jersey, a notice to quit given less than 30 days before the end of the month will be effective as of the end of the month following the month in which the short notice was given.  There is some case law on this topic, and it is briefly referenced in the useful guide to which adjusterjack provided a link.

 

Share this post


Link to post
Share on other sites

As per NJ law, if she fails to vacate after giving notice, you are free to charge her double rent.


2A:42-5. Holding over by tenant after giving notice of quitting; double rent recoverable
If a tenant of real estate shall give notice of his intention to quit the premises by him held at a time specified in such notice, and shall not deliver up the possession of such real estate at the time specified in the notice, such tenant, his executors or administrators, shall, from such time, pay to his landlord or lessor, his heirs or assigns, double the rent which he should otherwise have paid, to be levied, sued for and recovered at the same times and in the same manner as the single rent before the giving of such notice could be levied, sued for and recovered. Such double rent shall continue to be paid during all the time such tenant shall continue in possession after the giving of such notice.

Share this post


Link to post
Share on other sites
1 hour ago, reenzz said:

As per NJ law, if she fails to vacate after giving notice, you are free to charge her double rent.

 

He can "charge" it but he isn't likely to get it unless he sues for it. By then, even if he wins, the tenant will be gone and collection problematic.

 

Best that he make nice with the tenant and arrange an amicable departure.

 

 

Share this post


Link to post
Share on other sites
On 9/5/2018 at 2:12 PM, MiddlePart said:

You're probably on safer ground sending your own 30-day notice to quit (which would be effective 10/31) rather than trying to accept the tenant's 30-day notice, particularly since there has been some indication that the tenant may have intended to withdraw her notice.

 

 

 

This was my thought just wanted a second opinion. 

Share this post


Link to post
Share on other sites
On 9/5/2018 at 2:30 PM, adjusterjack said:

You're too late for September. You have to give one month.

 

See NJ statute 2A:18-56b:

 

https://law.justia.com/codes/new-jersey/2015/title-2a/section-2a-18-56/

 

However, if rent was due 9/1 and has been unpaid, you can evict for non-payment of rent. Unfortunately, eviction in NJ tends to take a long time if you have recalcitrant tenants.

 

As for repairs, you are obligated to do them when notified that a repair is necessary.

 

You seem to be a bit uneducated as to what it takes to be a landlord. I suggest you start by studying this tenant rights guide and then studying all the statutes and case decisions referred to in the guide.

 

http://www.lsnjlaw.org/Publications/Pages/Manuals/TenantsRights.pdf

I appreciate the educated part of your response which was in line with my origional thoughts.  As far as the j/o portion of your response it is expected. I am sure if I cared to take the time to look at your other posts they would be along the same lines of ignorance as the ending portion of the response. I appreciate the opinion of my education level at being a landlord. Not knowing anything about you I could honestly say that I am fairly certain that my real estate holdings and income dwarf what if any R/E investments are in your portfolio.  Not exactly sure which portion of my op led you to believe I am uneducated at being a landlord. But my questions and perceptions are pretty much in line with other peoples useful responses to my post.  I was not aware that I could charge double rent if the tenant doesnt move out by the time indicated in the notice, but I am fairly certain that you weren't aware of that either because you would have mentioned it instead of mentioning the obvious that s tenant could be evicted for not paying rent, which is a long drawn out process that in a lot of cases ended up with a tenant paying the rent eventually to avoid eviction. Instead I would choose the easier option of terminating the lease since it is month to month.  Thank you for the tenants rights info, however it is not needed. 

Share this post


Link to post
Share on other sites
22 hours ago, reenzz said:

As per NJ law, if she fails to vacate after giving notice, you are free to charge her double rent.


2A:42-5. Holding over by tenant after giving notice of quitting; double rent recoverable
If a tenant of real estate shall give notice of his intention to quit the premises by him held at a time specified in such notice, and shall not deliver up the possession of such real estate at the time specified in the notice, such tenant, his executors or administrators, shall, from such time, pay to his landlord or lessor, his heirs or assigns, double the rent which he should otherwise have paid, to be levied, sued for and recovered at the same times and in the same manner as the single rent before the giving of such notice could be levied, sued for and recovered. Such double rent shall continue to be paid during all the time such tenant shall continue in possession after the giving of such notice.

Thank you, very helpful. I was not aware of this, however it does seem like it is an uphill battle trying to obtain this money. 

Share this post


Link to post
Share on other sites
1 hour ago, miserableloser said:

 Not exactly sure which portion of my op led you to believe I am uneducated at being a landlord

 

This part:

 

On ‎9‎/‎5‎/‎2018 at 9:42 AM, miserableloser said:

do the same rules apply where I need to give her 30 days notice to terminate this tenancy or can I just send her a notice informing that the lease would come to an end at the end of September per her text message saying she wished to end the lease?

 

If you were such an expert, you wouldn't have had to ask.

 

I'm guessing that you are one of those people that get angry when told what they don't want to hear and have to get in the last word. You have my permission to do so if you like. I'll ignore it. ;)

Share this post


Link to post
Share on other sites
1 minute ago, adjusterjack said:

 

This part:

 

 

If you were such an expert, you wouldn't have had to ask.

 

I'm guessing that you are one of those people that get angry when told what they don't want to hear and have to get in the last word. You have my permission to do so if you like. I'll ignore it. ;)

Actually she had given me notice that she wished to terminate the lease then I received nothing in writing saying that this was to change, Only something verbal. I am sure in your infinite wisdom or lack there of you can understand why I would question weather I needed to terminate the lease myself since her withdrawing the notice to terminate the lease was not in writing which is required by the lease which was signed by both parties.  I am not angry, it is just frustrating when people try and troll and speak out of their ass to try and bolster their argument without justification, then they try and throw in some half ass parting shot saying you will "ignore" my response when you know as well as I that you will hang on my every word in hopes that you may learn a thing or 2 from it. But since we are assuming things, I can only assume that by your response to my level of knowledge as a landlord that you are one of those people who are not at all a landlord but are one of those people who we like to call tenants, or someone who sympathizes with the downtrodden.. those poor members of society who do not have the intestinal fortitude to become a landlord or property owner. Enjoy paying rent and keep telling yourself that the bad man.. the evil landlord doesnt have what it takes to be successful at what he does. ❄

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...