What are the laws for month-to month rentals and moving out?

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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 9 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.


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