The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Re: I was given a 60 day vacate notice - Landlord Forum thread 324639

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

                              
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.

[ Reply ] [ Return to forum ]


Check-Out
Log in

Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help



Contact The LPA

© 2000-2023 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google