How much notice is the tenant required to give to the landlord if he is moving?

[lrd102]

I live in NEW JERSEY. My tenant informed me on June 2 that he is moving on June 15. He has not paid me any rent for the month of June. There is no lease agreement between us.

(1) Can he give me just 13 days notice?
(2) Does he have to pay me June's rent?
(3) Can I use his security deposit for June's rent if he does not pay me?

Thanks for any help you can offer me.What is the name of your state (only U.S. law)?

 

[Zigner]

I live in NEW JERSEY. My tenant informed me on June 2 that he is moving on June 15. He has not paid me any rent for the month of June. There is no lease agreement between us.

(1) Can he give me just 13 days notice?
(2) Does he have to pay me June's rent?
(3) Can I use his security deposit for June's rent if he does not pay me?

Thanks for any help you can offer me.What is the name of your state (only U.S. law)?

(1) Does it matter?

(2) Yes - and possibly July's

(3) Yes

 

[LindaP777]

Is it a month to month tenancy? Week to week? Day to day?

 

[lrd102]

It is a month to month tenancy. And it is a two family home, the other apartment occupied by me, the landlord.

 

[Cheeseknife]

30 days is what you are entitled to, so yes, the tenant would owe you for June. I suppose if you wanted to be petty you could charge the tenant a prorated rent for one day of July as well. Also, the security deposit can be withheld for unpaid rent.

 

[Cvillecpm]

OP needs to check NJ laws - states have specific termination requirements and notice must be provided IN WRITING...Hawaii allows 28 days and some states require that the notice be given BEFORE the next rent payment is due....state law rules.

 

[treese]

(1) Can he give me just 13 days notice? Sure, but it is an improper notice and does not relieve the tenant of his month to months rent obligations.

(2) Does he have to pay me June's rent? Yes. Actually, he owes for July, as well.

(3) Can I use his security deposit for June's rent if he does not pay me? You can deduct June and July rent from his security deposit. Attempt to mitigate your damages by finding a replacement tenant for a July move in. You can hold the tenant liable for prorated rent for each day the apartment is vacant in July. (EX: If you have a July 16th move in, the tenant owes for 15 days prorated rent.) Do so AFTER any damages to the apartment are deducted, there will be a balance owed by the tenant.


Ending a month-to-month lease. To end a month-to-month lease, or any rental agreement that does not have a specific lease term, you must give a written one-month notice before the month starts. You can then move out at the end of the month. Cite: N.J.S.A. 2A:18-56.

For example, say that you have a month-to-month lease, your rent is due the first of every month, and you want to move on June 30. You have to give the landlord a written notice before June 1 saying that you will be moving out as of June 30, and you will end your lease at that time.

LSNJLAW - F: Chapter 5: Ending or Breaking Your Lease