The relationship between landlord and tenant can be a complicated one, and it is no surprise that many tenants will have questions about their rights when renting a property. It is easy for landlords and tenants to end a month-to-month tenant agreement, but a fixed-term lease may present a more difficult situation.
How Much Notice Must a Landlord Give to Evict in NJ?
In New Jersey, landlords must have a just cause to terminate a tenancy, and must provide at least one month’s notice and specify the date on which your tenancy will end. There are specific instances in which a landlord can legally provide less notice than a month’s notice, including situations in which a tenant has not paid rent, they have violated other terms of the rental agreement (for example, bringing in an unauthorized tenant), or if they have violated basic responsibilities imposed by law (such as dealing drugs on the rental property). Depending on the property, rent control rules may also apply.
How Much Notice Does a Tenant Have to Provide a Landlord to Move Out?
Tenants who are paying rent on a month-to-month basis must provide the same amount of notice as the landlord, which is one month. For yearly leases, the lease agreement will explain the notice required and/or penalties for breaking the lease. Some rental agreements will stipulate that tenants can provide a shorter notice, so it is important to check the rental agreement thoroughly in these situations. If a landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting health or safety, tenants can also legally leave with shorter or even no notice.
Grounds for Eviction in New Jersey
New Jersey’s Anti-Eviction Act strictly prohibits “self-help evictions,” which are situations in which a landlord changes the locks, shuts off utilities, or otherwise prevents the tenant from entering or living in the premises. Landlords are required to adhere to the legal process when attempting to evict a tenant and take possession of their own property. The Act sets forth different grounds for eviction, including:
- Failure to pay rent
- Habitual late payment of rent
- Violation of the terms of the lease (for example, smoking or pets)
- Disorderly conduct
- Damaged or destroyed property
- Drug or other criminal charge convictions
The Act sets forth the process for eviction based on each ground. For example, in a non-payment of rent case, the landlord is not required to provide the tenant with any prior written notice before filing the complaint for eviction. But if the landlord is seeking to evict based on the tenant’s violation of some other term in the lease (i.e., pets, smoking, disturbances), then certain notices are required as a prerequisite to filing the complaint. If the landlord fails to follow the procedures outlined in the Act, the landlord’s complaint may be subject to dismissal. The Act can be confusing to the average reader, so your attorney must understand the many nuances contained therein.
Off-Campus Evictions for NJ College Students
It is important to remember that college students living in off-campus housing at Rutgers University, or surrounding Middlesex County towns such as Highland Park, Edison, Piscataway, or any other school, have the same rights as other tenants when it comes to evictions. Landlords must abide by the same laws and follow the same procedures when attempting to evict a college student as they would with any other tenant.
Contact A New Brunswick, NJ Landlord Tenant Lawyer Today
If you are a landlord who has issues with a tenant or you are a tenant who believes that your rights have been violated, please contact the Law Office of Craig Rothenberg in New Brunswick, NJ, today to discuss. Craig Rothenberg is an experienced landlord-tenant attorney who will fight to make sure you are complying with the pertinent laws and/or that your rights have not been violated in contravention thereof.