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