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Re: Tenant's Rights
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It's a CALENDAR month notice in NJ, not 30 days.

30 days is a banking or business month, which is why you don't pay less rent in February (28 or 29 days) or more in December (31 days) than you do in April (30 days).

An October 1st notice would have given you a November 1st vacate date. A October 2nd or later notice would have given you a November 30th vacate date if he or she wants to be a stickler.

The landlord must make a good faith effort to re-rent the apartment. If he takes a few days to repaint or make a couple of repairs it won't count against him, but there is nothing stopping him from advertising the apartment before and during that time. He doesn't get to sit back and not do anything to mitigate his potential loss. If he fails to do that, it will count against him with a residential tenant. Commercial tenants, it depends, but residential tenants ... absolutely.

Take lots of photos when you move out to prove the condition of the apartment.


Posted on: 2014/10/22 15:17
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Re: Tenant's Rights
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Quote:

anonymess wrote:
The LL must make a good faith effort to rent the apartment. The OP seems to have the right idea as far as proving whether he did or not.


But, the law is squarely on the landlord's side on this one. You MUST provide 30-day notice BEFORE your next rent due date. If the rent is normally due on November 1, the OP was legally required to provide notice by October 1 (October having 31 days, you could argue October 2 is the actual deadline.)

What I suspect the landlord may want to do in a situation like this is take his time to refurbish the apartment without loss of income. Legally, he can do that right now. Heck, the landlord is being nice and accommodating by not holding the tenant to the end of November for legally due rent.

Posted on: 2014/10/22 12:22
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Re: Tenant's Rights
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The LL must make a good faith effort to rent the apartment. The OP seems to have the right idea as far as proving whether he did or not.

Posted on: 2014/10/22 9:07
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Re: Tenant's Rights
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Quote:

yorkster wrote:
Your landlord has no obligation to rent the unit by November 1st. On a month to month lease, you must provide a 30 day notice.


And that's not just any 30 days, it has to be 30 days before the pay period. If rent was due on the 1st, he actually has the right to hold you for the whole of November.

Posted on: 2014/10/22 2:33
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Re: Tenant's Rights
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When a lease lapses, you enter into an automatic month-to-month lease. Landlord and tenant are basically on even footing. You would have had to given 30 days notice. That is the law.

Posted on: 2014/10/22 2:32
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Re: Tenant's Rights
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Your landlord has no obligation to rent the unit by November 1st. On a month to month lease, you must provide a 30 day notice.

Posted on: 2014/10/22 1:13
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Tenant's Rights
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I am leaving my apartment at the end of the month. I had a one year lease from 2011-12 which has since expired. I notified my landlord on 10/13 I'd be moving out at the end of the month and he said that he has to hold me responsible for the first half of November if he can't rent it (30 days).

He asked for permission to come take photos but other than that I haven't seen the apartment listed nor has he phoned asking for access to show the place. What are my options here? How can I tell he's making a good faith effort to rent the place for November 1? Any suggestions?

Posted on: 2014/10/22 1:06
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