Tenant moving out
Hello everyone,
I am on a month to month lease.... in my lease it says we must give 60 days notice before moving out. I thought I read somewhere that in NJ it is only 30 days.
Thoughts?
I have a great relationship with my landlord but would like to know the answer.
Thank you!
fujixt1 http://www.nolo.com/legal-encyclopedia/new-jersey-notice-requirements-terminate-month-month-tenancy.html
This says 30 days, but if you agreed to 60 days when you signed your lease, that is what it is going to be
Darrin "It is equally easy for tenants in New Jersey to get out of a month-to-month rental agreement. You must provide the same amount of notice (one month) as the landlord (unless your rental agreement provides for a shorter amount of notice). Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date."
I believe the lease you signed is a contract - therefore you would need to follow it
5catmom I recently went through this. Even if it states 30 days you have to obey what you signed on the lease. So if it says 60 days that's what you have to give.
Nik Look up NJ TENANT RIGHTS it's a 110 page PDF file. Very easy to read and understand. Also a table of contents...
NoUseForAname Thank you!
No problem. I am not trying to scam my landlord or anything.
I take full responsibility for what I signed. A contract is a contract.
A lease is a contract. If you sign it, whatever it states trumps any "standard" statutes. That's why you should always read every line of any contract before you sign it.
Any provisions (amount of notice required, late fees, if any, repairs the tenant is responsible for, etc.) that are in the lease must be followed.
Heidi Back when I was renting, landlords generally had no problem letting you out of your lease earlier than what you signed - not the case with Greenview Gardens.
Up until I tried to leave early a few years ago, I didn't have that many issues with the place. The only thing that was annoying was every time I called in that my air conditioner was leaking into the apartment, they'd just come wrap more duct tape around it (didn't help :/).
Anyways! Other people that I knew in the apartments had been able to get out of their 2 month notice agreement. When I tried to negotiate with them I was basically shot down with "we'll keep your deposit and take you to court" after they explained that they couldn't let me out early because they were having issues filling apartments with tenants.
Basically, what you sign is what you're held to. Doesn't mean you can't get even :) For a whole month (that I did pay the rent for), the apartment was completely empty. So I opened the windows and turned the heat (which was included in the rent) all the way up so I would cost them as much as possible my last month there. I would have ran the water (also included) as well but the plumbing in my building had issues so I didn't want to flood anyone out.
In conclusion, talk to the landlord they may be willing to work with you - can't rly get WORSE than what you signed...
FormerTenant So, FormerTenant, first you don't abide by the contract that YOU SIGNED agreeing to give the proper notice (that you agreed to when you moved in), then you break your lease and leave a month early. As if that all wasn't enough, you decided to REALLY screw the owners (for a 3rd time) by turning up the heat and opening all the windows.
I guess your word is certainly not your bond! You sound like a real low class, lying skank.
Sad thing, you actually sound proud of yourself for being a loser...
I left a month early, but I still paid for the month I wasn't there.
I didn't lie about anything at all... If you would have taken the time to READ, you would have noticed: I tried to negotiate leaving early. That didn't happen, so I put in my proper, written notice to the owner for 2 months. I moved out early, yes, but I still paid for the month I wasn't there.
I don't get where you're coming from. Only high school students use the word "skank" and I guess you need some Ritalin to help you with your ADD, since apparently you only read every other line of my post.
BTW I don't feel any regret wasting their heat - I was paying for it anyway, remember? :)
Anyways, I didn't come here to argue with catty housewives. I just wanted to let fujixt know that there is no harm in asking - many people I know have gotten out of their contracts early by simply asking. Your relationship with your landlord should help you out with that.
If he says no, no biggie. The worst is you'll have to pony up an extra months rent to cover the rest of the "notice time".
You can justify doing that with the heat anyway you want. I guess your sentence "Doesn't mean you can't get even" was a typo. Get even? For asking you to follow your lease, that you signed.
No I read it again reaaal slooow. "Get even" those are your words, not mine,
Like I said, I'm not here to argue with you people. Just conveying my experiences and BTW you're getting awfully worked up over something that has absolutely nothing to do with you.
Unless you work at Greenview Gardens, you shouldn't have such a strong opinion on my experience.
To the OP: just talk to your landlord, it can't hurt.
I don't know why I'm even back in this thread, I made my point, hopefully talking helps out. Hope he lets you out of the contract early.
" you're getting awfully worked up over something that has absolutely nothing to do with you."
You never know, someone on her could be a landlord, and it's actions such as your that may cause landlords to have to jack their rates to people that would never do such a thing.
You could of simply made your point by saying talk to the landlord, and saved us all the hassle of reading about you bragging how you screwed the landlord over.
Former tenant is a low life. I'm sure that at Greenview you had a year's lease so you are liable for the rent for the entire year regardless of whether you live there or not.
A month to month tenant can give 30 days notice as can the owner.State law trumps any conditions in a contract or rental agreement so your landlord cannot hold you to the 60 day period even if it's in your agreement.
Here's an example. If you bought a life insurance policy and there's a suicide clause in it where if you killed yourself within the first year they don't have to pay the claim that would be void in most states because they prohibit this clause nowadays. It may still be in the policy you signed but is not valid.
Melvin Belli Melvin Belli -- Sorry but you are wrong. I am a licensed property manager and am contracted with 4 large complexes and also over two dozen private landlords. If you sign a lease that requires 60 days you must give 60 days. I have won EVERY SINGLE CASE that I filed over that clause as I have complexes and landlords who require 60 days or the entire security is forfeited. The 30 day notice is not a law or a statute and you can put whatever you want in your lease. I have been in court where the landlord required 90 days, the tenant didn't give it and wanted their security back, but the landlord always wins because the judge asked "is this your signature, here on the bottom of the lease?" Answer: "yes." "Well that's what you agreed to, judgement for the defendant (landlord)."
The 30 day notice is only followed if there is no written (and signed) lease agreement stating otherwise.
One other thing most people don't know is that if you HAD a signed lease for a year and you stay in the property after the lease is expired, your tenancy automatically turns into a month to month BUT under the same provisions as the prior written lease.
In other words, unless you do a new written month to month, your tenancy, even though month to month, follows everything you agreed to in the previous written and signed lease; 60 day notice, late fee schedule, repairs, no pets, no smoking - whatever. It follows through until you change it in writing.
If you NEVER had a written lease you are automatically month to month and then the 30 day notice would apply. A landlord without a written lease cannot require more than 30 days, any late fees for late payments, etc, etc.
Heidi is obviously not a lawyer. First of all, you cannot represent the co.in court because all corps. are required to send a licensed attorney to represent them.
Furthermore, the typical Warren Co. judge is barely competent so I'd take any ruling and order with a grain of salt. That same tenant if she wasn't some unsophisticated rube may have easily filed an appeal on the lower court ruling and won. However, this would take either some decent knowledge of the law or an attorney which would cost more in time and money than it was worth.
She should have just not paid the last month's rent because the owner would not be able to evict her between filing the summons, serving it and getting it on the court calendar. That would take over a month even in Warren county where things happen a lot faster than in some more crowded court.
Melvin Wow former tenant! I'm a landlord, and if someone did that to me my family would suffer! How can I feed my child when I'm paying for people like you? When you break your lease early you leave little time to clean & paint the apartment, THEN list show and hope to god someone moves in befor your entire savings acct is drained! (obviously I don't own an entire complex, but still)
Melvin...again you are wrong. And, obviously YOU are not a lawyer. I am not a lawyer and I don't pretend to be one but I have to go to landlord/tenant court on a weekly basis. Also, not all places are corporations and as a landlord for some properties I do go to court without a lawyer.
Please stop giving misinformation.
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