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Re: How much notice must I legally give to leave me apartment?
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You need to give thirty days notice, regardless of any code violations. The one has nothing to do with the other. And the notice terms of your original lease do not apply, it's governed by State law concerning automatic month-to-month leases.

You could give notice on Sept. 1 and move into a new place Oct. 1, but you're on the hook for a month's rent if you bail on Sept. 1, and he can take you to small claims court (or hold your deposit, or one month's worth of it, as lost rent.)

Posted on: 2009/8/20 16:21
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Re: How much notice must I legally give to leave me apartment?
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You are bound by the terms of your original lease when it comes to notice. In my opinion the "code violation" doesn't play a role at all.

Posted on: 2009/8/20 16:16
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Re: How much notice must I legally give to leave me apartment?
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Here's my situation that I need some advice on.
I'm on a month to month lease, original lease ended 2 years ago and never signed a new one. 2 weeks after I moved in (been here 3 years) the landlord had the chimney relined because it was clogged and the furnace was exhausting into the basement. I found this out when I went downstairs and couldn't breathe. The basement is also part of our apartment. I thought all was fixed. This past April, I had someone come to inspect and clean the wood burning fireplace. He also inspected the furnace chimney and found that the reline was not properly installed and not even hooked up to the furnace. He wrote an estimate and included the words "Not compliant with NJ State Fire Code" and included the code #. The landlord has done nothing to fix this problem (the hot water heater also exhausts into this chimney) since April. I also got a letter that he's raising the rent.
My question is: How much notice do I need to give before moving out? If I find another place that wants a Sept. 1 move-in date, can I just leave? Do I still need to give 30 days notice if there is a State Code violation?

Posted on: 2009/8/20 16:06
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Re: How much notice must I legally give to leave me apartment?
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You should probably find yourself an attorney.

Posted on: 2009/8/13 13:55
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Re: How much notice must I legally give to leave me apartment?
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Asking a landlord what the wording of a lease means is like asking a pickpocket to check to see if there's lint in your pocket.
Landlords and tenants are adversarial and leases written by landlords are USUALLY even adversarial with the laws of NJ.

As an example, my lease clearly says NO PETS...tell that to the thousands of dog owners at Newport.

My issue is when a landlord says "You must give 2.5 months' notice to STAY or we will assume you are LEAVING" does that have any standing in New Jersey rent law...or is it as meaningless as "NO PETS?"

Posted on: 2009/8/13 10:37
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Re: How much notice must I legally give to leave me apartment?
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Isn't your landlord Lefrak?

Why don't you just call their office and ask them?

Posted on: 2009/8/12 13:33
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Re: How much notice must I legally give to leave me apartment?
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brewsater,

Thanks for your time. THe TRUTH IN RENTING does not address my specifics.
Please read the exact wording of my lease renewal and give me your opinion.
Obviously, there is no way to go to month to month and it seems obvious that what wording says my lease is self termenating. If self-terminating, is there any requirement for notification from me?

Does state law in any way override the wording of MY lease renewal...this is the standard Newport lease BTW.

Does state law allow for a landlord to demand long advance notice of lease continuation?

Posted on: 2009/8/12 12:33
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Re: How much notice must I legally give to leave me apartment?
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Every time I read the title of this thread, I can't stop myself from imagining it read in the voice of Popeye.

Posted on: 2009/8/12 2:02
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Re: How much notice must I legally give to leave me apartment?
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Quote:

Xerxes wrote:
My lease renewal offer says precisely:

" You have a period of 30 days from receipt of this offer in which to accept. If this agreement is not returned within 30 days we will asssume that you are vacating your apartment at the expiration of your lease and your apartment will be up for rent."


This is sent 105 days before the lease expires.
Any comments on whether the wording eliminates any need for my notifying them of my choice to leave, whether or not any month to month tenancy can possibly arise, or whether I can be denied another lease if I renew 2 months early instead of their desired 2.5 months early?

Can I possibly owe them ANY notification if I plan to leave given the precise wording of the lease? Can they demand a 2 month advance notice of my intention to RENEW under NJ law?

This PDF is the state published ?Truth in Renting? pamphlet.

http://www.state.nj.us/dca/codes/lt/pdf/t_i_r.pdf

Most yearly leases will have a section explaining how the lease can be renewed. The lease may, for instance, state that unless either the landlord or tenant ends the lease, it will renew automatically. Most yearly leases require a 60 to 90 day notice. If a tenant fails to give proper written notice or it is not given in time, the lease will renew. A yearly lease that is not renewed automatically becomes a month-to-month lease.

Posted on: 2009/8/12 1:33
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Re: How much notice must I legally give to leave me apartment?
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My lease renewal offer says precisely:

" You have a period of 30 days from receipt of this offer in which to accept. If this agreement is not returned within 30 days we will asssume that you are vacating your apartment at the expiration of your lease and your apartment will be up for rent."


This is sent 105 days before the lease expires.
Any comments on whether the wording eliminates any need for my notifying them of my choice to leave, whether or not any month to month tenancy can possibly arise, or whether I can be denied another lease if I renew 2 months early instead of their desired 2.5 months early?

Can I possibly owe them ANY notification if I plan to leave given the precise wording of the lease? Can they demand a 2 month advance notice of my intention to RENEW under NJ law?

Posted on: 2009/8/11 20:46
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Re: How much notice must I legally give to leave me apartment?
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Quote:

brewster wrote:
Quote:

Iwitness wrote:
Quote:

brewster wrote:

If, in apartment that falls under NJ state anti eviction law which is most rentals*, the landlord offers no lease renewal, month to month automatically takes effect, which prescribes 30 day notice. There's no legal circumstances that you can move out with no notice without forfeiting your security.


Not precisely true. If your 12-month lease goes from November 1, 2008 through October 31, 2009, a month-to-menth tenancy is only created if you do not vacate on or before October 31, 2009. It's only once you've held over (if you're there on November 1, 2009) that the month-to-month provision of the anti-eviction law kicks in.

So if the lease contains no renewal notice provision (which is extremely rare in a residential lease), a tenant can move out on the final day of their lease without forfeiting the month's worth of rent contained in their security deposit, and without creating a month-to-month tenancy.

So in the above scenario, a tenant need not give notice on October 1, 2009 that they intend to vacate at the end of the lease. Though it's definitely a good idea to give as much notice as possible.


Untrue. 30 day notice is NJ law not a lease option. Following is excerpt from Legal Services of New Jersey website.

http://www.lsnjlaw.org/english/placei ... hts/chapterfive/index.cfm

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.


I stand corrected.

Maybe big, bad, evil, pro-tenant NJ isn't as big, bad and evil as it gets made out to be.

And don't underestimat ethe power of the well-placed "unless the lease says otherwise..."

Posted on: 2009/8/11 18:59
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Re: How much notice must I legally give to leave me apartment?
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Brewster- great find. I wasnt aware of this. I put this in addtional provisions that tenant and or landlord must provide 45 day notice prior to end of lease or automatic month to month tenancy takes effect. Although I do use the NJAR lease which is pretty iron clad. I need to read it more thoroughly.

Posted on: 2009/8/11 18:56
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Re: How much notice must I legally give to leave me apartment?
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Quote:

Iwitness wrote:
Quote:

brewster wrote:

If, in apartment that falls under NJ state anti eviction law which is most rentals*, the landlord offers no lease renewal, month to month automatically takes effect, which prescribes 30 day notice. There's no legal circumstances that you can move out with no notice without forfeiting your security.


Not precisely true. If your 12-month lease goes from November 1, 2008 through October 31, 2009, a month-to-menth tenancy is only created if you do not vacate on or before October 31, 2009. It's only once you've held over (if you're there on November 1, 2009) that the month-to-month provision of the anti-eviction law kicks in.

So if the lease contains no renewal notice provision (which is extremely rare in a residential lease), a tenant can move out on the final day of their lease without forfeiting the month's worth of rent contained in their security deposit, and without creating a month-to-month tenancy.

So in the above scenario, a tenant need not give notice on October 1, 2009 that they intend to vacate at the end of the lease. Though it's definitely a good idea to give as much notice as possible.


Untrue. 30 day notice is NJ law not a lease option. Following is excerpt from Legal Services of New Jersey website.

http://www.lsnjlaw.org/english/placei ... hts/chapterfive/index.cfm

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.

Posted on: 2009/8/11 18:51
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Re: How much notice must I legally give to leave me apartment?
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Quote:

brewster wrote:

If, in apartment that falls under NJ state anti eviction law which is most rentals*, the landlord offers no lease renewal, month to month automatically takes effect, which prescribes 30 day notice. There's no legal circumstances that you can move out with no notice without forfeiting your security.


Not precisely true. If your 12-month lease goes from November 1, 2008 through October 31, 2009, a month-to-menth tenancy is only created if you do not vacate on or before October 31, 2009. It's only once you've held over (if you're there on November 1, 2009) that the month-to-month provision of the anti-eviction law kicks in.

So if the lease contains no renewal notice provision (which is extremely rare in a residential lease), a tenant can move out on the final day of their lease without forfeiting the month's worth of rent contained in their security deposit, and without creating a month-to-month tenancy.

So in the above scenario, a tenant need not give notice on October 1, 2009 that they intend to vacate at the end of the lease. Though it's definitely a good idea to give as much notice as possible.

Posted on: 2009/8/11 17:23
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Re: How much notice must I legally give to leave me apartment?
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brewster

good point, I forgot to mention. the landlord can and should beging the eviction process if last months rent is not received.

Posted on: 2009/8/11 17:18
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Re: How much notice must I legally give to leave me apartment?
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There's no legal circumstances that you can move out with no notice without forfeiting your security.

Did you mean to say that at the end of my lease period I CANNOT move out because a month to month lease has been imposed on me by state law?

(I am positing a situation where I was offered a lease 90 days before expiration which I refused to sign and deliver.)



Other question: Can a landlord demand a renewal lease be signed and delivered 30 days early, 60 days early or be null and void? It is sometimes bad enough to commit for 12 months but a 60 day addition commits for 14 months?

Posted on: 2009/8/11 17:10
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Re: How much notice must I legally give to leave me apartment?
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Quote:

NewHeights wrote:
xerxes- you can move out at end of tenancy as long a there are no provisions stating otherwise. Alot of tenants just dont pay last months rent or retrun landlords calls etc. At that point landlord can send a certified letter and start showing the apartment for rent.


If, in apartment that falls under NJ state anti eviction law which is most rentals*, the landlord offers no lease renewal, month to month automatically takes effect, which prescribes 30 day notice. There's no legal circumstances that you can move out with no notice without forfeiting your security.

Despite common practice, security is NOT for your last month but for repair liability. Your Landlord can legitimately start eviction proceedings against you, which since you're moving out won't likely effect this tenancy, will show up on a eviction record search and make a new lease more difficult. 1/2 months rent won't repair much if the tenant has been careless or destructive.

* the only exception is an owner occupied 2-3 family.

Posted on: 2009/8/10 20:04
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Re: How much notice must I legally give to leave me apartment?
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xerxes- you can move out at end of tenancy as long a there are no provisions stating otherwise. Alot of tenants just dont pay last months rent or retrun landlords calls etc. At that point landlord can send a certified letter and start showing the apartment for rent.

Posted on: 2009/8/10 18:44
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Re: How much notice must I legally give to leave me apartment?
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That said, if you know in advance you are leaving, you are more likely going to have a happier landlord to deal with if you give notice. Thats if you care about your landlord at all or want all of your security back. (landlords can come up with many reasons not to pay you back the security)

Posted on: 2009/8/10 17:44
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Re: How much notice must I legally give to leave me apartment?
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Quote:

Xerxes wrote:
How about if you have an annual lease? Most specify that "If not renewed it is understood tenant is vacating...etc."

Is it sufficient to empty out the place and return the keys on the day before lease expiration?
Or would most of you consider it necessary or prudent to notify in advance.
Would such advance notification then FORCE your move by overriding the lease renewal option? "But you SAID you were moving out."

I would say no additional notice is required. Renewal has to happen 30 days prior to end of lease -- right? -- so if you don't renew, it means you're moving out.

Posted on: 2009/8/10 17:42
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Re: How much notice must I legally give to leave me apartment?
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How about if you have an annual lease? Most specify that "If not renewed it is understood tenant is vacating...etc."

Is it sufficient to empty out the place and return the keys on the day before lease expiration?
Or would most of you consider it necessary or prudent to notify in advance.
Would such advance notification then FORCE your move by overriding the lease renewal option? "But you SAID you were moving out."

Posted on: 2009/8/10 16:52
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Re: How much notice must I legally give to leave me apartment?
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A good back up plan:

IF you do it verbally, you should inform your landlord as well via certified mail return receipt and regular mail with the cetification # on the letter typed not written.

Posted on: 2009/8/9 4:46
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Re: How much notice must I legally give to leave me apartment?
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Thanks -

I worked it out.

Posted on: 2009/8/5 15:29
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Re: How much notice must I legally give to leave me apartment?
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Do everything in written letter form. Any verbal discussions you have - rewrite them in letter form and give to landlord saying, "as a formal follow up to our verbal discussion". Keep records to make it easier if anything gets sticky.

Posted on: 2009/8/5 15:09
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Re: How much notice must I legally give to leave me apartment?
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You have an implied lease and its month to month with 30 days written notice. Now if you paid cash and the LL cant prove you ever lived there you might be able to skirt but chances are you would lose in court.

Posted on: 2009/8/5 14:50
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Re: How much notice must I legally give to leave me apartment?
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Give as much notice as you can. I think with no lease the most important thing is a good relationship with the LL and consideration in both directions. Let the LL know what is going on and give a reason for the short notice. Know what you are legally required to do (30 days on a month to month) but dont stop there, ask yourself if you were the LL what you would expect. Ofcourse, all of this is pie in the sky if the LL or tenant are just plain jerks.

I know a LL that has let people out of one year leases six months in with less than 3 weeks notice AND returned the full security deposit because he had a good relationship with the tenant and tenant was upfront and honest.

Posted on: 2009/8/5 14:42
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Re: How much notice must I legally give to leave me apartment?
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Quote:

CapnJon wrote:
if there's no lease, you have no legal obligation to warn them.


This is not correct. If you do not have a lease you are considered a "month to month" tenant. By law you must give 30 days notice. If you had a lease, the lease would say how much notice you had to give. Usually a month, but it varies.

This is a good site if you need help with NJ law

Posted on: 2009/8/5 13:12
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Re: How much notice must I legally give to leave me apartment?
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if there's no lease, you have no legal obligation to warn them.

Posted on: 2009/8/5 12:57
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How much notice must I legally give to leave me apartment?
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No lease.

Thanks!

Posted on: 2009/8/5 12:50
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