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What Notice is Required Notice to End a Lease

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  • 01-16-2011, 11:54 PM
    BLIND JUSTICE
    What Notice is Required Notice to End a Lease
    Thank you all very much in advance!

    My 3 family - owner occupied house is in New Jersey.

    My Tenant's one year Lease was to end on June 30, 2010. There was no mention in the Lease of a required notice to end the Lease.

    In late May, she was very enthusiastic about staying.

    On June 16, less than 30 days Notice was given to me that she was moving out before June 30.

    I was under the impression from the "LSNJLAW" website -- at LSNJLAW - F: Chapter 5: Ending or Breaking Your Lease that I was entitled to a minimum of 30 days notice.

    I withheld 1 month's rent from her Security Deposit refund.

    She sued in Small Claims and won a judgment DOUBLE her withheld rent as per NJSA 46:8-21.1.

    However, as per NJSA 46:8-26, Application of act it states:

    The provisions of this act shall apply to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two rental units where the tenant has failed to provide 30 days written notice to the landlord invoking the provisions of this act.


    Please also note that I inquired with 2 attorneys who disagree with each other concerning the Judge's decision.

    QUESTIONS:

    1. Does NJSA 46:8-26 in effect state that in any 3-family owner occupied house, the Tenant must send 30 days notice to the Landlord in order to put NJSA 46:8-10 thru 46:8-21.1 into effect?

    2. If so, would that mean that any Tenant ending his/her long term Lease absent a minimum of 30 days notice gives the Landlord the right to withhold 1 month's rent?

    2. Was the Judge correct in both the awarding & the amount of the Judgment?

    3. What are my best options?

    Again, thank you all for your time.
  • 01-17-2011, 09:11 PM
    Mr. Knowitall
    Re: What Notice is Required Notice to End a Lease
    I can't see your lease from here. Does it include any provisions about the lease automatically extending past the end of its initial term? If not, absent a new agreement, you knew from the day your tenant signed that the tenancy would end on June 30.
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