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Does verbal notice count for moving out under a month-to-month lease?

Does verbal notice count for moving out under a month-to-month lease?

Q: What happens if a tenant stays after a lease expires?

If a tenant stays after a lease expires, they may be considered a 'holdover tenant.' In New Jersey, the landlord can choose to accept rent and continue the tenancy on a month-to-month basis or initiate eviction proceedings. It’s important to check the lease terms and communicate with the landlord to avoid legal issues.

Q: What happens after lease time expires?

When the lease time expires, tenants must either leave the property or negotiate a new lease or month-to-month arrangement with the landlord. If the tenant stays without the landlord's consent, they may face eviction. It’s essential to communicate with the landlord to clarify the next steps.

Q: How long do you have to keep an expired lease?

In New Jersey, there is no specific legal requirement for how long to keep an expired lease. However, it is advisable to retain it for at least a few years for your records, especially if any disputes arise regarding the tenancy. Keeping documentation can help protect your rights.

Full question:

We had a one year signed lease which expired on 4/1/08. We are now month to month. We have had numerous issues with the landlord and wish to move out. He has $1950 deposit from us as this represents a month and a half. My husband verbally informed the landlord on 2/1/09 of our intent to move out. Would the verbal notification count toward the 60 day notice or does said notice have to be in writing only? Also, when the landlord moved out, he said that I could use the parking on the premise. This was about a year ago. Now he wants to charge us $1800 (12 months at $150) Can he do this?

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: New Jersey

Answer:

You should review your lease agreement to understand your rights and obligations regarding termination. In New Jersey, notice to terminate a month-to-month lease must be in writing. Therefore, the verbal notice given by your husband on February 1, 2009, does not fulfill the 60-day notice requirement.

Regarding the parking charge, this will depend on the terms of your agreement with the landlord. If there was a verbal agreement allowing you to use the parking without charge, it may be enforceable, but proving the existence and terms of an oral agreement can be challenging. Ultimately, this matter could be decided in court based on the specific facts and circumstances. For reference, New Jersey law states that a written notice is required to terminate a lease (N.J. Stat. § 46:8-9).

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do you have to pay another security deposit when renewing a lease in NYC?

In New York City, whether you need to pay another security deposit when renewing a lease depends on the terms of your new lease agreement. Typically, if you are renewing under the same conditions, you may not need to pay an additional deposit. However, if the landlord requires a new deposit or if the terms have changed, it could be necessary. Always review your lease and discuss with your landlord to clarify any requirements.

What happens if a tenant stays after a lease expires?

What happens after lease period ends?

After the lease period ends, the tenant may either vacate the property or continue living there as a month-to-month tenant, depending on the landlord's acceptance. If the landlord does not accept the continued tenancy, they may initiate eviction proceedings. Always review your lease for specific terms regarding lease expiration.