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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default Partial Prepayment of Rent and Eviction

    My question involves an eviction in the state of: New Jersey

    Hi all heres an interesting situation to be sure.
    I rent my townhouse from my landlord here in NJ. After our initial 1 year lease expired, she never presented me with a new lease and we reverted to a month to month tenancy. We prepaid about 6 months rent because we did not income qualify any longer for the rental but had the cash on hand to pay while we figured out our options. The VERBAL agreement was to pay half of our regular rent each month in addition to what we prepaid to bring our rent to a full 1 year paid lease.We have written receipt of the funds and that is not disputed.Between what we have prepaid and the 1/2 month we have been paying, we have 8 months of rent in her hands. The issue is that our 8 months of rent expire 03/31/09, and we don't want to continue to live here since we plan to move out of state.We would like to just live out what we have paid so far.
    When we notified my landlord of this, she told us she planned to file for eviction on Monday for nonpayment of rent.Since we have already given her the equivalent of 8 months rent we are paid up until the time we plan to move... can she do this? It will completely destroy our ability to find new housing when we move.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Partial Prepayment of Rent and Eviction

    She can try to evict you, based upon your supposed nonpayment of rent. You can defend against her eviction by arguing that you've prepaid your rent through the end of March.

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