I was given a 60 day vacate notice - Landlord Forum thread 324631

I was given a 60 day vacate notice by Jason M (NJ) on September 17, 2014 @22:39

I live in Carteret NJ and I was given a 60 day vacate notice but my lease expired over 2 years ago. I don't have an active least right now. Do I still have to pay rent within those 60 days ? Since I won't be able to afford security and deposit for my new apt. I need your advice please.

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Re: I was given a 60 day vacate notice by Katiekate (New York) on September 17, 2014 @22:48	[ Reply ]

You can give them notice that you will move. Your notice MUST include one FULL rental period. Since the next FULL rental period is October...you can give them written notice that you will move October 31. Be sure your do it in writing Must..that isn't much different than the 60 days you already got from them...so just find another place and move when the 60 days expires. If you just blow out on them without proper notice you can be sued for the rent and have to pay it anyway

Re: I was given a 60 day vacate notice by Kim (WV) on September 17, 2014 @23:08	[ Reply ]

Does NOT matter if your lease expired over 2 years ago. You still live there, ergo, you still owe rent. And, actually, do you still have a lease. Here's what the State of New Jersey legal code has to say about your situation: " If the tenant or landlord does not renew the lease and the lease was for a term of more than one month and the tenant holds over (stays after the expiration of the lease), the tenancy will become a month-to-month tenancy, if the landlord continues to accept the rent and there is no other agreement between the landlord and the tenant. SDG v. Inventory Control, 178 N.J. Super. 411. This tenancy is still subject to all the terms and conditions of the written lease other than its duration term. Heyman v. Bishop, 15 N.J. Super. 266. If the landlord does not accept the rent and the lease has expired and the tenant has been given proper notice to quit, the tenant becomes guilty of unlawful detainer and may have to pay the landlord double the rent for as long as the tenant holds over. (See Right of Entry Bulletin)" You want to owe him DOUBLE rent (when he takes you to court)...sure, go right ahead and stay there without paying rent! If you can't afford a new place, I'd advise staying with friends, family, getting a roommate situation or even staying in a homeless shelter. Any of those options would be smarter than stiffing the landlord and ending up with an eviction on your record and owing double the amount of rent. The information I cited above is from: New Jersey Department of Community Affairs Division of Codes and Standards Landlord-Tenant Information Service LEASE INFORMATION BULLETIN May 2010 The bulletin states: "This bulletin provides basic information based on New Jersey statutory laws and case law regarding establishing and breaking leases for residential rental properties in New Jersey. This bulletin is for informational purposes only and should not be used for legal interpretations or legal advice. Please consult an attorney for legal services and advice when necessary." I'm not an attorney and this is not legal advise. I just do a lot of googling. It's an inexpensive way to get an education.

Re: I was given a 60 day vacate notice by Bill on September 17, 2014 @23:17	[ Reply ]

Your landlord has given you proper notice to move. You need pay your rent and move out without incident. You will find it very difficult to rent again after you get a court judgement on your civil record for nonpayment of rent. Landlords look up this sort of thing as a way to spot deadbeats. Don't become one.

Re: I was given a 60 day vacate notice by Anonymous on September 18, 2014 @01:11	[ Reply ]

Yes, it is in your best interest to pay that rent too. Because when you do not pay the rent, the landlord can take you to court, and you can have you wages garnished, as well as have other forms of income garnished. So, your best bet is to pay the rent,and start looking for another place while time is on your side. If you find another place, call your current landlord and let him know what day you will be moving. Your current landlord will more than likely not charge you for the last month if you are already out before the beginning of your last month. The key here is to work with your old landlord, as well as your new landlord. Because you do not want any court action on your credit report involving a rental dispute. Or any time for the rest of your life this can disqualify you from renting a place you might want to rent.

Re: I was given a 60 day vacate notice by Nicole (PA) on September 18, 2014 @08:31	[ Reply ]

Jason, the reason you can't afford deposit on a new place is because you haven't been proactive in saving ... I know, many people don't have much savings. But, if your lease expired 2 years ago and we assume it was valid for one year, that's minimum 3 years. If you'd have put back just $1 a day, your loose change, $10 out of every pay check, one frozen instead of delivered pizza a month, etc., and put it aside for moving, you'd have a deposit or a good portion of it ready. figure out how to move and take the refund you receive from the current place and start a savings account with it

Re: I was given a 60 day vacate notice by Anonymous (NJ) on September 18, 2014 @09:50	[ Reply ]

you don't need to pay anything to your landlord anymore. our court system was designed to protect people like you who never pay rent. no need to worry about anything, just be happy. you can stay there forever if you like, and have a nice new year!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Re: I was given a 60 day vacate notice

Re: I was given a 60 day vacate notice by TarugoKing (NJ) on September 18, 2014 @12:55	[ Reply ]

You are lucky they are giving you 60 days. Should only be a month. Yes you have to pay. Why are they trying to get rid of you? What's the story?

Re: I was given a 60 day vacate notice by MaineLL (Maine) on September 18, 2014 @13:03	[ Reply ]

Of course you still need to pay rent. You are still living there, right? The notice didn't say anything about not paying rent for the next 60 days did it? He has chosen to end his contractual relationship with you for some reason, not to give you the gift of two months of free lodging. Either he is doing something with his building, unit, or you have become an unsatisfactory resident in some way. We do occasionally tell tenants that have become unsatisfactory in some way it is time to go, with a similar notice. Some of those reasons are: unauthorized pets, persistent late payments (even just a few days after the first), excessive noise (especially at night), being a PITA tenant, windows open during the heating season.

Re: I was given a 60 day vacate notice by Anonymous on September 18, 2014 @13:57	[ Reply ]

Jason, you don't need to listen those landlords anymore. just don't pay your rent anymore, and next your landlord will offer you $10,000 CASH ( you know, the CASH ) for key next.