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Can I end a lease during the winter in NJ?

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HoorayBier!

Junior Member
What is the name of your state (only U.S. law)? NJ

I have tenants who are currently on a month-to-month term with me for the past 2+ yrs. They have not given the rent on time, usually 5-15 days later or half now-half later, for a majority of time since they became my tenants. They always have a different excuse as to why (payroll messed-up, family issues, can i cash the check later in the month, etc.) and i have always been accomodating. Recently, its been become the norm and I sometimes would not even get the consideration of a simple call/text to let me know when i can expect the rent until a few days into the month. I feel like i am being taken advantage of and i am getting very irritated.

I have some potential renters who may be looking to move during the winter and would like to know if i can give my tenants the 30-day notice to move-out during the winter. Thanks.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NJ

I have tenants who are currently on a month-to-month term with me for the past 2+ yrs. They have not given the rent on time, usually 5-15 days later or half now-half later, for a majority of time since they became my tenants. They always have a different excuse as to why (payroll messed-up, family issues, can i cash the check later in the month, etc.) and i have always been accomodating. Recently, its been become the norm and I sometimes would not even get the consideration of a simple call/text to let me know when i can expect the rent until a few days into the month. I feel like i am being taken advantage of and i am getting very irritated.

I have some potential renters who may be looking to move during the winter and would like to know if i can give my tenants the 30-day notice to move-out during the winter. Thanks.
Why 30 days? Start proper eviction proceedings the next time they are late (even 1 day)
 

ecmst12

Senior Member
In NJ, you CAN NOT terminate a tenancy without cause, unless you are an exception to the tenant protection laws. You can evict them for non payment (and you should be starting that process on the first day they are late, every month), but if you have just been accepting the rent late all this time without doing anything, that is like telling them it's ok to pay late. But if they start paying on time, you are stuck with them.
 

HoorayBier!

Junior Member
Why 30 days? Start proper eviction proceedings the next time they are late (even 1 day)
So i can tell them to leave even during the winter months?

I wanted to be considerate about it, being winter/holidays and all. There are no children, elderly or disabled on the lease btw.
 

Zigner

Senior Member, Non-Attorney
So i can tell them to leave even during the winter months?

I wanted to be considerate about it, being winter/holidays and all. There are no children, elderly or disabled on the lease btw.
You are running a BUSINESS, not a charity.
 

ecmst12

Senior Member
Um, no. Not without cause. Not ever, so far as I've read. After you DOCUMENT late payments with properly served pay-or-quit notices over 3 or 4 months to establish a pattern, you have a good chance at evicting for chronic late payment, but you don't have anything documented now.

Read the ENTIRE NJ landlord tenant act, in full, several times, until you understand it, because landlords are at a SERIOUS disadvantage in your state.
 

HoorayBier!

Junior Member
Um, no. Not without cause. Not ever, so far as I've read. After you DOCUMENT late payments with properly served pay-or-quit notices over 3 or 4 months to establish a pattern, you have a good chance at evicting for chronic late payment, but you don't have anything documented now.

Read the ENTIRE NJ landlord tenant act, in full, several times, until you understand it, because landlords are at a SERIOUS disadvantage in your state.
I do not necessarily want to evict them, but serve them the 30-day notice to end the lease (not sure if the two are the same) as I may have potential new tenants move in during the winter.

The only documentation i have are text messages from them requesting to pay the rent late or in installments and me agreeing as i cannot afford not to accept the payment. Will that work?
 

ecmst12

Senior Member
I doubt it. Since you are kinda clueless about the law, I suggest you consult a lawyer who can explain it to you better then we can.
 

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