Legal Question in Landlord & Tenant Law in New Jersey
Breaking of Lease
If a tenant breaches a month to month lease does the landlord have the right to kick the tenant out?
2 Answers from Attorneys
Re: Breaking of Lease
You can terminate a residential tenancy based upon the breach of a lease term or condition pursuant to New Jersey Statute NJSA 2A:18-53 or 18-61.1 depending upon the nature of the tenancy. As a prerequisite, you will have to serve one or more notices notices upon the tenant. If you Google my name, you will find that I have published several articles that discuss this.
Re: Breaking of Lease
If the tenancy is covered by the NJ Anti-Eviciton Act, then the tenant can only be evicted for one of the casues of action listed in the Act. You must first determine if the tenancy is covered by the act, and then look at the breach to see if the cause is actionable. Please feel free to contact my office for a free consultation on what options are available to you.