Refund Rights to Last Month's Rent After Termination of a Month-to-Month Tenancy
My question involves landlord-tenant law in the State of: New Jersey
Rented out my apartment, but tenant is not living up to my standards. The tenant paid first and last month's rent upon move in. The tenant already paid for this month, but I want to give this person 30 days notice now. If I give notice, Am I liable to pay back three weeks of the last month's rent as the move-out date will be the first week of next month?
Re: Refund Rights to Last Month's Rent After Termination of a Month-to-Month Tenancy
Wait a minute. You're getting ahead of yourself.
Answer a few questions:
Is there a written lease of a specific duration?
If yes, give me the from-to dates.
If no, explain what the oral or written rental arrangement is.
What day of the month was the rent due and paid?
And you might as well explain why he's not living up to your standards just in case that becomes important.
Re: Refund Rights to Last Month's Rent After Termination of a Month-to-Month Tenancy
Month to month written lease. Rent is due, and was paid, on the 1st. The tenant is a very dirty person and, based on references, I was advised this person would leave my apartment immaculate. As a clause, I added to the lease that either party could end the lease with at least 30 days notice. I did not specify that the 30 days notice needed to be given at the beginning of the month nor did I specify that the notice had to be in writing.
Re: Refund Rights to Last Month's Rent After Termination of a Month-to-Month Tenancy
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Quoting
justavisitor
Month to month written lease. Rent is due, and was paid, on the 1st. The tenant is a very dirty person and, based on references, I was advised this person would leave my apartment immaculate. As a clause, I added to the lease that either party could end the lease with at least 30 days notice. I did not specify that the 30 days notice needed to be given at the beginning of the month nor did I specify that the notice had to be in writing.
Unless your notice provision is explicit as to when the notice is effective, it would not be sufficient to modify your state's common law rule that one month's notice given during a month becomes effective at the start of the next rental period. There's also the issue of whether your state's laws permit landlords to reduce the common law notice period in residential tenancies -- I did not see any authority on that point.
But that aside, if you give thirty days notice that is effective part-way through a month for which rent has already been paid, and the tenant moves out within the notice period, you would owe a refund of prorated rent from the end of the notice period through the end of the month.
Re: Refund Rights to Last Month's Rent After Termination of a Month-to-Month Tenancy
Quote:
Quoting
justavisitor
Month to month written lease. Rent is due, and was paid, on the 1st. The tenant is a very dirty person and, based on references, I was advised this person would leave my apartment immaculate. As a clause, I added to the lease that either party could end the lease with at least 30 days notice. I did not specify that the 30 days notice needed to be given at the beginning of the month nor did I specify that the notice had to be in writing.
I think you have a problem. The NJ landlord tenant statute runs from 46:8-1 to 46:8-42 and contains the following provisions that appear to apply to your rental:
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46:8-9. Three months' notice to tenant to quit sufficient
In all cases where a tenant is or may be entitled by law to notice to quit the leased premises, in order to determine his tenancy, three months' notice in writing to quit shall be deemed and taken to be sufficient.
46:8-36. Waiver of rights by agreement; unenforceability
Any written or oral provision in any agreement whereby any tenant waives any rights under this act shall be deemed against public policy and unenforceable.
46:8-33. Action for possession by landlord; compliance with act
In any action for possession instituted by a landlord who has failed to comply with the provisions of this act, no judgment for possession shall be entered until there has been compliance. The court shall continue such case for up to 90 days and if there has not been compliance within such period, the action shall be dismissed.
Read the statutes at:
https://njlaw.rutgers.edu/collection...tle=46&chapt=8
I recall that NJ landlords often had great difficulty in getting rid of tenants, often taking many months. If you google "New Jersey tenant friendly" you are likely to find confirmation.
You would be wise to consult an attorney before pushing the 30 days notice.
Re: Refund Rights to Last Month's Rent After Termination of a Month-to-Month Tenancy
New Jersey's notice rule is referred to as a common law rule because it emerges from common law, not from statute. You will find documentation of the common law rule in case law Here's the same rule as previously described, as stated by N.J. Legal Services,
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Quoting Ending a month-to-month lease.
To end a month-to-month lease, or any rental agreement that does not have a specific lease term, you must give a written one-month notice before the month starts. You can then move out at the end of the month.