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  1. #1
    CGA
    CGA is offline Member
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    one month's notice?

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

    I have a year lease that expires 10/31. The landlord sent me a letter saying I have to let him know if I'm staying or not by 10/1, but then the letter goes on to say that if he doesn't hear from me by 10/30 I will be considered a holdover tenant and will be subject to various penalties. So does this mean I have to let him know if I'm staying by 10/1 or do I actually have until 10/30? I've been looking for another place to live but have had no luck and need more time.
  2. #2
    Alaska landlord is offline Senior Member
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    If he hears from you by 10/1 then he will assume that you are staying. If not, then he will probably start advertising your rental and he will be expecting you to leave by the end of the month. If you are not out by 10/31 he will impose state allowed penalties which in some cases could be 1.5 to 2X the normal rent.
  3. #3
    ecmst12 is offline Senior Member
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    If you want to stay, let him know by 10/1. If you want to move, let him know by 10/1, even if you haven't found a new place yet.
  4. #4
    sandyclaus is offline Senior Member
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    Notice of Intent

    Quote Originally Posted by CGA View Post
    What is the name of your state (only U.S. law)? NJ

    I have a year lease that expires 10/31. The landlord sent me a letter saying I have to let him know if I'm staying or not by 10/1, but then the letter goes on to say that if he doesn't hear from me by 10/30 I will be considered a holdover tenant and will be subject to various penalties. So does this mean I have to let him know if I'm staying by 10/1 or do I actually have until 10/30? I've been looking for another place to live but have had no luck and need more time.
    Your state (or lease) most likely requires at least 30 days notice of your intent to vacate. If you don't provide notice, the LL and your lease consider you a holdover - a tenant no longer under the protection of the original lease. It leaves your LL vulnerable because he no longer has a tenant commitment from you.

    The holdover clause of your lease provides that your LL is entitled to certain penalties. In some cases, a holdover tenant ends up liable for rent 2x what their lease originally provided.

    The good news is that your LL is giving you a heads-up so you can provide your legally required notice prior to the end of your lease. The bad news is that when that lease ends on the 31st, you lose the protection of that lease and become that holdover tenant. Plus, you are still held liable for giving the legally required 30 days notice before leaving, and pay the higher rent & penalties while you remain beyond that lease end date.

    If you want to stay, and the LL is amenable to it, ask to renew your lease for another term. If you or LL don't want that, then I suggest you give that 30 days as of the 1st, and do everything you can to find a new place to move into as of November 1st, or accept the consequences of not doing so.

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