What are the laws for month-to month rentals and moving out?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are the laws for month-to month rentals and moving out?
I moved into this house and never signed a lease or a sublease. I gave the girl in charge of the house a formal letter which was also notarized stating that I would be moving out by the end of the month (35 days notice technically). She is telling me that I need to pay for the next 2 months as cites a “renter’s law” in my state. I never signed a lease or a sublease, so how can I be ordered to pay 2 more months of rent when technically there’s no legal documentation? She said she will take me to court. Will this stand in a court of law without a signed agreement or lease?
Asked on April 9, 2012 under Real Estate Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Ask her for a copy and citation for the "renter's law" in new Jersey that she is hanging her hat on here. Because as far as I can tell if you have no written lease - and there was no oral lease to stay more than month to month which is a whole other issue - to end a month-to-month lease, or any rental agreement that does not have a specific lease term, you only have to give a written one-month notice before the new month starts. You can then move out at the end of the month. Here is the legal cite you can give her: S. D. G. v. Inventory Control Co., 178, N.J. Super. 411 (App. Div. 1981); Harry’s Village, Inc. v. Egg Harbor Tp., 89 N.J. 576 (1982). Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.