Can a landlord evict a tenant after accepting the rent?

[jerseytenant]

What is the name of your state (only U.S. law)? NJ
I had given a written notice in February to vacate my house by the end of March. However, I told the landlord (within a few days after giving the notice) that I have changed my mind and I won't be vacating. He agreed and he accepted my rent. Since then, I have been paying the rent regularly. However, for some reason, the landlord wants me to vacate the house now. He sent me a notice stating that I haven't vacated the house after giving the earlier notice. So, he is asking me to vacate the house within ~20 days by the end of this month or else he is threatening to sue me and charge me for attorney expenses and he wouldn't refund the security deposit. The notice he sent was also improper (with a lot of factual errors).
If I don't vacate, can he legally evict me?

 

[sandyclaus]

What is the name of your state (only U.S. law)? NJ
I had given a written notice in February to vacate my house by the end of March. However, I told the landlord (within a few days after giving the notice) that I have changed my mind and I won't be vacating. He agreed and he accepted my rent. Since then, I have been paying the rent regularly. However, for some reason, the landlord wants me to vacate the house now. He sent me a notice stating that I haven't vacated the house after giving the earlier notice. So, he is asking me to vacate the house within ~20 days by the end of this month or else he is threatening to sue me and charge me for attorney expenses and he wouldn't refund the security deposit. The notice he sent was also improper (with a lot of factual errors).
If I don't vacate, can he legally evict me?

Presuming that you are a month-to-month tenant, when the LL accepted rent after the notice you gave, he created a new month's tenancy. And he KEPT renewing that tenancy every month after that by continuing to accept rent.

NJ LL/Tenant law recognizes only evictions for cause. As long as you have not done one of the accepted causes for eviction, then LL has no grounds to evict you. The acceptable causes are as follows:

• Not paying rent
• Disorderly conduct that disturbs other tenants
• Damage to or destruction of the LL's property
• Violation of LL's rules and regulations
• Violation of the lease or rental agreement
• Not paying a valid rent increase
• Major housing or health code violations requiring you to vacate
• Permanent removal of the rental unit from the market
• Not accepting reasonable changes in the lease
• Habitual late rent payments
• Conversion to a condo or coop
• Owner wants to occupy the rental unit
• Tenant loses a job that includes the rental unit
• Conviction of a drug offense
• Conviction of assaulting, attacking or threatening the LL
• Engaging or being involved in drug activity, theft, or assaults or threats against a LL
• Conviction of a theft offense

I can't see that ANY of these causes fit your situation. And the LL CANNOT evict for no cause in NJ.

Look at this website to find out more about LL/Tenant law in NJ: LSNJLAW - I Rent My Home

 

[jerseytenant]

I just saw this - Tenant Holdover Tenancies in New Jersey and I'm worried now. It states that if the tenant continues to occupy the leased premises without the landlord's consent, then the tenant is liable to double the rent until the tenant stays there.
The landlord agreed to it. So, I'm still living there paying my rent regularly. Probably my LL is greedy and trying to sue me to get double the rent?
I read another article which states that the double rent law has been revised but is yet to be approved New Jersey Landlord Tenant Law Proposed Changes - New Jersey Real Estate Attorney Blog .
So, what will happen if the landlord sues me now?

 

[Zigner]

NJ LL/Tenant law recognizes only evictions for cause. As long as you have not done one of the accepted causes for eviction, then LL has no grounds to evict you. The acceptable causes are as follows:

HOWEVER, the LL CAN terminate the tenancy with proper notice.

 

[Banned_Princess]

HOWEVER, the LL CAN terminate the tenancy with proper notice.

I dont actually think they can.

I will be back.

darn. cant wade through this, i have to go .


http://www.nj.gov/dca/divisions/codes/offices/landlord_tenant_information.html

2A:18-53. Removal of tenant in certain cases; jurisdiction
Except for residential lessees and tenants included in section 2 of this act, any lessee or tenant at will or at sufferance,
or for a part of a year, or for one or more years, of any houses, buildings, lands or tenements, and the assigns, under
tenants or legal representatives of such tenant or lessee, may be removed from such premises by the Superior Court,
Law Division, Special Civil Part in an action in the following cases:
a. Where such person holds over and continues in possession of all or any part of the demised premises
after the expiration of his term, and after demand made and written notice given by the landlord or his
agent, for delivery of possession thereof. The notice shall be served either personally upon the tenant or
such person in possession by giving him a copy thereof or by leaving a copy of the same at his usual
place of abode with a member of his family above the age of 14 years.
b. Where such person shall hold over after a default in the payment of rent, pursuant to the agreement under
which the premises are held.
c. Where such person (1) shall be so disorderly as to destroy the peace and quiet of the landlord or the
other tenants or occupants living in said house or the neighborhood, or (2) shall willfully destroy, damage
or injure the premises, or (3) shall constantly violate the landlord's rules and regulations governing said
premises, provided, such rules have been accepted in writing by the tenant or are made a part of the
lease; or (4) shall commit any breach or violation of any of the covenants or agreements in the nature
thereof contained in the lease for the premises where a right of re-entry is reserved in the lease for a
violation of such covenants or agreements, and shall hold over and continue in possession of the demised
premises or any part thereof, after the landlord or his agent for that purpose has caused a written notice of
the termination of said tenancy to be served upon said tenant, and a demand that said tenant remove from
said premises within three days from the service of such notice. The notice shall specify the cause of the
termination of the tenancy, and shall be served either personally upon the tenant or such person in
possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with
some member of his family above the age of 14 years.

 

[Zigner]

I dont actually think they can.

I will be back.

I stand corrected.

BUT, there are further questions for the OP: How many units does the LL own?

 

[jerseytenant]

I stand corrected.

BUT, there are further questions for the OP: How many units does the LL own?

The landlord has 3 units in our building and he doesn't live here. He has told us that he has 3 or 4 more buildings that he is renting out.
Regardless, do you think the landlord can change double rent after changing his mind after 3 months?
This is the statute I'm referring to:
***NJ Statute 2A:42-5 Holdover Tenants - After a tenant gives notice that that the tenant will be leaving the premises, the tenant must leave the property. If the tenant does not leave, the landlord can charge the tenant double the monthly rent for every month that the tenant remains on the property.***

 

[jerseytenant]

FindACase™ | Wright v. Thomas D. Walsh states that there is a common law rule - a landlord waives a notice to vacate when he accepts rent for a period extending beyond the expiration of the notice. I also find a similar statute in NJ law NJSA 46:8-10. Do you think it is valid in my situation?

 

[sandyclaus]

FindACase™ | Wright v. Thomas D. Walsh states that there is a common law rule - a landlord waives a notice to vacate when he accepts rent for a period extending beyond the expiration of the notice. I also find a similar statute in NJ law NJSA 46:8-10. Do you think it is valid in my situation?

That's what I'm thinking... but I think we may need another opinion here. It might behoove you to seek a consultation with a Tenant Advocacy group or other legal resources located specifically in NJ to get the right answer on this one.

 

[jerseytenant]

I just realized that renting a basement may be illegal in NJ. I'm living in a basement. Does it change anything?