Is it required of a landlord to demand the rent from the tenant every month?

Full question:

I have rented out a property in New Jersey to a bachelor. He never pays the rent unless I demand the rent from him. I expect my tenant to pay the rent on the first of every month as agreed between us in the rental agreement. Is it required of a landlord to demand the rent from the tenant every month?

Answer:

In New Mexico, per N.M. Stat. Ann. § 47-8-15, rent is required to be paid by the tenant to the landlord without demand. Rent is required to be paid at the time and place as agreed upon between the tenant and the landlord in the rental agreement. N.M. Stat. Ann. § 47-8-15 reads:
 
“B. Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit. Unless otherwise agreed, periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each monthly period. The date of one month to the same date of the following month shall constitute a term of one month.”

Per N.M. Stat. Ann. § 47-8-15 the landlord is not required to demand the rent in the rental agreement.

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

In New Jersey, if you are a tenant without a formal lease, you still have rights under state law. You are entitled to a habitable living environment, privacy, and protection against unlawful eviction. Your landlord must provide proper notice before terminating your tenancy or increasing rent. If you pay rent regularly, you may have established a month-to-month tenancy, which requires the landlord to follow specific procedures to terminate the agreement. It's advisable to document all communications and payments to protect your rights. *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.*