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Re: landlord tenant - legal question
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You may also want to send a copy regular mail (with delivery confirmation, nothing he has to sign, just confirmation from the post office that they left it at the address). If it doesn't get returned to you by the post office, then you can assume he received that notice. If he is local, you may want to have a friend tag along with you and witness you hand delivering the notice to him. That way, you have someone to call into court if you have to go that far. This way you can say you sent certified mail, regular mail, and hand delivered.....the courts couldn't say you didn't go above and beyond trying to give notice.

Posted on: 2011/1/14 11:25
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Re: landlord tenant - legal question
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The date on the certified mail (date noted on the letter inside the envelope) is what counts.

Simply go through the motions as if he read the letter.......it's not your responsibility for the landlord to go and retrieve it from the post office.

Posted on: 2010/12/22 19:04
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Re: landlord tenant - legal question
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Written notice is not by definition certified mail. Check memo lines can be useful.

Posted on: 2010/12/22 18:51
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Re: landlord tenant - legal question
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Quote:
If your lease has come to an end, you probably are not under any obligation to notify him by certified mail regardless of what the lease says.


This is from the NJ Tenant website - hope this clarifies things a bit:

Notice to end a lease
To end a lease, either the tenant or the landlord must give the other a written notice before the end of the lease, stating that the lease will not be renewed. If this written notice is not given or is not given in the required time, then the lease will renew itself automatically, at least on a month-to-month basis, generally with the same terms and conditions. Cite: N.J.S.A. 46:8-10.

Ending a yearly lease. To end a yearly lease, unless the lease says otherwise, you must give the landlord a written notice at least one full month before the end of the lease. The notice must tell the landlord that you are moving out when the lease ends. Also, unless the lease says otherwise, the landlord must give you at least one full month?s notice before the end of the lease to terminate a yearly lease so that the landlord can raise the rent or change other terms of the lease. Remember, you cannot be evicted just because the landlord ends your lease.

For example, if your yearly lease ends on June 30, you have to give the landlord a written notice before June 1 that you plan to terminate the lease on June 30. Failure to give the proper notice may result in the automatic creation of a month-to-month tenancy. In that case, you may be responsible for at least an additional month?s rent. In this example, your failure to give notice may allow the landlord to charge you for July?s rent and to subtract it from your security deposit.

If your lease or a notice from your landlord says that you must either sign a new lease by a certain date or else move out by the date your present lease expires, your failure to renew your lease will put the landlord on notice that you intend to move out at the end of the lease period. If you object to changes in the lease, let the landlord know. Lease changes must be reasonable. See Chapter 9, The Causes for Eviction. If you then choose not to move out, you will become a month-to-month tenant. Cite: Kroll Realty v. Fuentes, 163 N.J. Super. 23 (App. Div. 1978) and Lowenstein v. Murray, 229 N.J. Super. 616 (Law Div. 1988). You will, however, be subject to eviction for refusing to sign a new lease.

Posted on: 2010/12/22 17:32
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Re: landlord tenant - legal question
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If your lease has come to an end, you probably are not under any obligation to notify him by certified mail regardless of what the lease says. Moreover, if 30 days after vacating your security deposit is not returned and you are not notified of any charges being deducted from the security deposit, you should under NJ law, be entitled to three times the security deposit.

Posted on: 2010/12/22 17:18
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Re: landlord tenant - legal question
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The requirement is that you SEND it by certified mail. the requirement is NOT that he pick it up. While he may be trying to be sneaky, so long as you fill your end of the requirements you're legally good to go.

Posted on: 2010/12/22 16:54
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Re: landlord tenant - legal question
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Hi,

It sounds perhaps that your landlord is trying to be too clever. You have fulfilled your end of the bargain by notifying him - and further secured your obligations by sending this certified mail.

Keep firm records; a copy of your letter, the certified receipt, and a log of your telephone calls. Double check and make sure the address is correct on the letter - and your letter was dated. If he has a fax machine, you might want to send him a fax, too, just to CYA. This isn't necessary, but it's one more piece of evidence to use if he decides to be difficult.

You will move out on the day you intended, leaving the premises in broom-clean condition. Take photographs and video as you leave. Turn the keys in to your landlord or representative and have a receipt signed that you did indeed turn in the key (a simple letter that states you returned the key). Do not engage in any arguments with the landlord - it's completely not worth it as you are in the right.

Your security deposit cannot be kept if he comes back to you and states that you didn't give enough notice. As long as the premises are clean/not damaged by your neglect, that security comes back to you.

The courts lean to the tenant in many landlord/tenant cases. The courts in Hudson County for this matter are pretty easy to navigate if the landlord keeps your security.
Here's a good link with information about your specific situation.

Good luck, don't stress, and concentrate on the joys of moving!

Posted on: 2010/12/22 16:01
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Re: landlord tenant - legal question
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yes... and he reminded me it needs to be sent certified mail per the lease agreement to be recognized.

Posted on: 2010/12/22 15:44
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Re: landlord tenant - legal question
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Did you try just calling him and telling him you plan on leaving?

Posted on: 2010/12/22 15:41
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landlord tenant - legal question
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So i've sent my landlord a letter via certified mail. Its been over a week and he still hasn't picked it up.

per the guidelines of the lease agreement, all 30 day notices to vacate need to be sent via certified mail.

if he does not pick up his certified mail, what should I do?

Posted on: 2010/12/22 15:24
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