Legal Question in Landlord & Tenant Law in New Jersey

hi i rent an apartment wich the landlord lives downstairs>>i want to move next month because he complains about the noice that my baby makes playing i dont have a lease >>>can i move?


Asked on 4/23/10, 7:51 am

2 Answers from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

You do have a lease. It is just an oral lease and not a written one. If there was no agreement as to the term of the lease, then it is considered month-to-month. Therefore, you are free to terminate the lease each month. However, you should give your landlord at least 30 days written notice of your intention to terminate the lease. For example, if you told your landlord on May 4 that you were leaving on May 31, that would not be 30 days. If you left on May 31, he can charge you rent for May and June. Therefore, be sure to give proper notice and time your move accordingly so that you don't accidentally incur an extra month's rent. Again, I would suggest written notice so there is no argument about whether you gave notice or when you gave notice. Even though he lives downstairs, send by certified mail or get a proof of mailing from the post office so you have evidence. You can also tell him personally or hand him the written notice but it is not a substitute for mailing as I suggested. Also, you might wish to schedule a walk-through with your landlord to minimize any issues over the return of your security deposit (if any).

Note: Due to the limitations of the LawGuru Forums, the response to questions posted does not constitute legal advice or legal representation of the person posting a question. The information provided is general. The poster should obtain specific legal advice from an attorney, and should not rely upon the response as the basis for making any decisions of legal consequence.

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Answered on 4/28/10, 8:13 am
Gary Moore Gary Moore Attorney At Law

You can lawfully move out upon giving your landlord written notice by the thirtieth of this month that you will be moving out by the last day of next month. You must send him a letter saying this by certified mail, return receipt requested and by regular mail today so that it will be delivered by this Friday, the last day of this month. You must retain a copy of your letter in case in need to show it to a judge.

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Answered on 4/28/10, 8:20 am


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