Legal Question in Real Estate Law in New Jersey

I rented a room in a private house in NJ. There are two roommates. My landlord lives on a first floor (the same house). He has called me yesterday over the phone and asked me to move out in on e month. The formal reason was : his friend needs this room. What is the real reason, I do not know.

This apartment lease was done for three months because I was afraid to be obligated to live there longer if I do not like it (i have never lived with roommates ever before). I pay month by month according the the lease. I do not have any problems with payments on time.

Question: If I am not ready to leave this place, can I stay there, even if an apartment lease says that it was written for three months and my landlord offered me to move out in one month (so, he gives me one month notice in advance according to the lease )? Than you!


Asked on 8/31/11, 7:12 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I am not sure what you mean. Do you have a written lease? what does it say? I can tell you that if your landlord can not kick you out in one month if you have a lease with three months left to go on it.

Probably better to talk to the landlord and come to an agreement. If you want a lawyer's help, call me. I will see what I can do for you.

Robert Davies 201 820 3460

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Answered on 8/31/11, 7:29 am
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Certainly during the stated 3 month term you have the right to stay even if the landlord asks you to leave. Upon the expiration of the 3 month term, the lease automatically converts to a month to month lease. You have the right to stay as long as you want unless the landlord has grounds to evict you. It appears that he hopes that you do not know your rights and that you will just comply with his request to leave. Either that, or he is ignorant of the law himself. If you don't leave, and he tries to evict you by filing an eviction complaint, you may have a defense if he has no legal grounds for eviction. This is just a general statement, as I have not reviewed your written lease. I hope this helps.

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 9/06/11, 10:58 pm


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