Legal Question in Real Estate Law in New Jersey

Re: Do I need a reason to end a month to month with proper notice

Whenever there is a written lease (and common sense and the Statute of Frauds require a written lease), the terms in the lease control. So, do you have a written lease, and what did the original lease dictate? If you had no written lease (shame on you AND your tenant), the statutes require 30 or more days notice. I know of no provisions that require any reason be given, or necessary. Still, I try to come up with a reasonable basis when giving a notice to terminate (IN WRITING, delivered by hand and/or return reciept mail). I feel if the tenant knows (or thinks they know) the termination is because you may want to sell, to renovate, to allow a family member of friend live there, as oppose to the fact you think they are pigs or trash, that they are more accepting and less likely to try to cause you grief, by refusing to move.

Good luck.

Kevin J. Begley

Re: Do I need a reason to end a month to month with proper notice

There are 2 statutes which control the dispossession of a tenant in the state of NJ. The Summary Dispossess Act(NJSA 2A:18-53) and the Anti-Eviction act (2A:18-61.1) Depending on the nature of the premises will determine which statute is applicable. A tenant may only be evicted based upon 1 (or more) of the grounds found in the statutes. It is highly recommended that you consult an attorney that practices in the area of landlord/tenant law since it is a highly technical practice. Any defect in the form of Notice you must serve, or the manner of service, or the time frame provided will result in a dismissal of your case. Self-help eviction is also illegal in NJ. Court process must be utilized. If you give me your e-mail adress I will send you additional information to reference. You can call me for a no cost consultation as well. (973)643-0040 x-104.