Legal Question in Real Estate Law in New Jersey
Notice of Eviction
The property is currently occupied and is being rented on a month-to-month basis. The property was sold by the Realtor and a verbal notice given to vacate the premise within one week. Additionally, the Buyer of the property had been informed that the property had been vacated prior to the sale.
1. What constitues a proper legal notice of eviction?
2. After legal notice what is the enforceable period prior to court ordered eviction? [30 days?]
1 Answer from Attorneys
Re: Notice of Eviction
Your notice of eviction was ineffective. For a month-to-month tenant, notice must be in writing, and served at least 30 days before the termination date. The notice period must be given to coincide with the normal termination date (e.g., if the lease terminates on the 30th or 31st, the notice must be received before the 1st of the month of termination. If mid-month termination, notice must be received 30 days prior also, at least 30 days prior). Plus, if the house is not going to be occupied by the Buyer, the tenant may be able to contest the termination by claiming harship and get a stay of the termination. The Realtor should have known this and improperly gave short notice which is illegal.
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