Imagine if a tenant informed the landlord they were leaving 20 days later, or 25, or 11, or 14 in to that month. Would the landlord ammortize a day rental rate? I don't think that's how it works or would be only fair to the tenant, but I do know when my wife and I rented we asked our landlord for options for the last month and worked something out that benefitted them painting the place early and us being able to move over a few weeks. In the end it felt like it cost us more than moving that final month, but it permitted us to move the way we needed to.

Month to month means just that. Not half or quarter months or whatever. Unless of course you started on the 15th. He should not have entered without notice but that doesn't change the lease issue. Personally, I don't mind a tenant doing this, it gives me a better chance to show an clean, empty, and touched up apartment and rent it by the 1st, rather than showing a messy, packing up place and losing the whole of the next month rather than just half.

Just to get another opportunity to say it, security isn't for the last month's rent either, it's for damage, and while 1 1/2 months rent would scarcely cover any real damage, it's a start. try it and he could legitimately start an eviction proceeding that will go on your credit report, if your next landlord does a NJ eviction search.

Good landlord-tenant relations rely on good faith in both the letter and spirit of the deal. Hold up your end of the bargain.

And here's a quick primer on when and how a landlord can enter your apartment (speaking of REALLY breaking the law...)
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Entering the tenant?s dwelling unit
All leases, whether written or oral, give the tenant ?exclusive possession? of the dwelling unit. This means that only the tenant, or members of the tenant?s household, or people the tenant allows in the house or apartment, have the right to be there. The landlord does not have the right to come into the house or apartment whenever he or she wants. In a written lease, the landlord?s duty to not enter the tenant?s house or apartment is called the covenant of quiet enjoyment. This covenant (promise) means that the tenant has control over who can or cannot come into his or her apartment or house. Cite: Ashley Court Enterprises v. Whittaker, 249 N.J. Super. 552 (App. Div. 1991).

When can a landlord enter?
The law allows the landlord or the landlord?s workers to go into the tenant?s dwelling only in a few special situations:

* If the tenant invites or asks the landlord or one of the landlord?s workers to come in.

* If the landlord needs to inspect the apartment, but only:
o at reasonable periods of time?every day is unreasonable, every few months might be okay;
o at a reasonable time of day?4 a.m. is unreasonable, 4 p.m. might be okay, depending on whether the tenant will be home at that time; and
o only after giving the tenant reasonable notice that he or she is coming to inspect. Reasonable notice usually means a written notice. It also usually means that the notice must be given at least one day before the landlord wants to come in. For buildings containing three apartments or more, there is a regulation requiring one day?s notice before a landlord can come into an apartment to make an inspection or do repairs. Cite: N.J.A.C. 5:10-5.1(c).

* If the landlord or one of the landlord?s workers needs to go into the apartment to do maintenance or make repairs. If the repairs are not an emergency, they can only enter the house or apartment at a reasonable time and after giving reasonable notice.

* If the landlord or the landlord?s workers need to go into the house or apartment to do emergency repairs. Under this circumstance, the landlord may not have to give one day?s notice?or even any notice?if the emergency is really serious or dangerous, for example, the apartment is on fire or water is rushing out of a broken pipe and pouring through the floor. But even in the case of an emergency, the landlord should try to give some notice if he or she can, even if the notice is just a phone call.

What if the landlord won?t stay out?
If the landlord or one of the landlord?s workers enters your house or apartment and does not have your permission or does not have one of the other reasons discussed above, he or she is breaking the law. You should send a letter by certified mail to the landlord complaining about what happened. Keep a copy for your records. You can also call the police or go to the police station or local court and file a complaint for ?trespass? or ?harassment? against the person who entered without your permission. You might be able to file a trespass or harassment complaint because, even though your landlord owns the building, he or she has given you the right to possess the apartment.

I'm pretty sure when a yearly lease is up and you don't have a new lease, it renews "automatically" as a month-to-month. Maybe a real estate expert here can chime in.

Nevertheless, your cause is not lost. I would definitely, moving forward, make sure you put all of your communications in writing to your landlord in case you need to go to court. Be civil in all of your dealings. Try to meet with him and discuss your needs and his needs and see if you can work something out together.

This site may help you:

NJ TENANT'S RIGHTS

I think the city also has a division that helps with tenant/landlord issues. Try the Mayor's Action Bureau number and see if they can connect you to some more information:

City Hall, 280 Grove Street
Room 105
Jersey City, NJ 07302
Tel: (201) 547-4900/5555

Good luck!

In your lease it will state if it is renewed automatically, if not it goes month to month. But unless you signed your lease mid month, I think you're beat.

If he entered your apartment without you there that gives you some definite leverage. They are supposed to give "reasonable" notice about it if you're gonna be home or not though either way.

I've been living in the apartment for 3 years now, the only lease I signed was the original one, and that was good for one year. There isn't any formal agreement signed by both of us stating I would be month-to-month.

I've been searching online for NJ State laws in regards to this, but can't seem to find anything stating it's "against the law" to move out mid-month, which is what he told me.

I do know that he just showed up today to show the apartment to a realtor and didn't even call to let me know.

What does your lease stipulate? If you're on a year's lease and leaving early, you are liable for the full term of your lease unless you can prove that your landlord had you living in substandard conditions and did not work to repair the issues. I successfully sued a former landlord because they refused to fix my heat - I moved out early and recovered my security deposit.

If you rent month to month, you're liable for the full month unless you can prove that your landlord and you had a definite agreement.

There should be a stipulation in either your monthly or yearly rental contract. Did you have a written agreement with your landlord that you could live in the apartment for half of a month?

From his standpoint, it's tough to rent an apartment in the middle of the month so he's likely to lose 50% of his monthly rental income. From a civil standpoint, the burden of proof is yours to prove you had an agreement to live in the unit for half of a month. This isn't "illegal" like the cops can come arrest you for paying 50% rent - but you could face a lawsuit if he decides to sue you.

Perhaps you can both work out an amicable agreement as you have a month left?

Hi Everyone,

I am moving from my current apartment and gave my landlord 45 days notice. I stated my last day in the apartment would be January 15, 2011 and that I would be paying 1/2 month's rent. His response was that it was illegal in the state of NJ. Does anyone have any information on this?

Thanks in advance!