Month to month - eviction

[JReyes]

What is the name of your state? New Jersey

We have just been evicted and we were given 40 days to move out. It is an owner-occupied building w/ no more than two units, excluding the owner's unit. We have a month to month rental agreement.

When the new owner took over the deed of the home we were still living in our unit. However, the new owner never took a security deposit from us. The prior owner did not take one either.

The question is if we are obligated to pay the rent for the one month we will be occupying the unit and knowing that we did not give a security deposit. I believe that NJ law stipulates that we are not required to pay rent for the following three months that we are given a notice to evict.

Thanks in advance. If there is any confusion, I will be more than happy to clarify.

 

[longneck]

The question is if we are obligated to pay the rent for the one month we will be occupying the unit and knowing that we did not give a security deposit. I believe that NJ law stipulates that we are not required to pay rent for the following three months that we are given a notice to evict.

what the hell are you smoking? (can i have some?)

i have NEVER heard of a law like this before. i'm going to say no, you are completely, 100% wrong. just ebcause a LL has decided your last day is going to be xx/xx/xxxx, doesn't mean you don't have to pay rent anymore.

but if you provide a link to a law that you think expresses this, i'd be happy to read it and give you my opinion.

 

[JReyes]

I guess if you put it that way it does sound ridiculous. The laws for a tenant in an owner-occ w/less than three units builing is different to the other larger buildings. I will research this further but I appreciate your response lol.

 

[txlandlady]

Hey, J. As you can see from my screen name - I'm a landlady, so my take on this is coming from the "other side".

First, a question.........
Were you actually EVICTED, or given notice to move out? There's a difference. Were you taken to court? Or did the landlord give you written notice that you have 40 days to move out?

From where I stand, as a landlord, I think you should pay rent either way, but I can see where there would be a difference in your attitude about it. Did they tell you why they want you out? Is the rent low? Are they planning to remodel/update the property? I guess what I'm getting at is that you shouldn't necessarily take it personally if the landlord asks you to leave. Why on earth would you think that they are not entitled to the rent for the days that you are occupying THEIR property?

Are we not getting the WHOLE story here?

Karla in Amarillo

 

[south]

A lawyer did not tell him this his pal at the local bar that works at the steel mill told him.

what the hell are you smoking? (can i have some?)

i have NEVER heard of a law like this before. i'm going to say no, you are completely, 100% wrong. just ebcause a LL has decided your last day is going to be xx/xx/xxxx, doesn't mean you don't have to pay rent anymore.

but if you provide a link to a law that you think expresses this, i'd be happy to read it and give you my opinion.

 

[south]

This what you owe and can be sued for.

1: Every cent of rent for every day you are in possession
2: Costs of repair clean up etc
3: ALL court costs and legal fees to evict you
4: All back rent you owe plus late fees
5: If a lease the time empty while trying to re-rent that falls within the lease time frame.
6: Costs of adverts to find a new tenant.

What is the name of your state? New Jersey

We have just been evicted and we were given 40 days to move out. It is an owner-occupied building w/ no more than two units, excluding the owner's unit. We have a month to month rental agreement.

When the new owner took over the deed of the home we were still living in our unit. However, the new owner never took a security deposit from us. The prior owner did not take one either.

The question is if we are obligated to pay the rent for the one month we will be occupying the unit and knowing that we did not give a security deposit. I believe that NJ law stipulates that we are not required to pay rent for the following three months that we are given a notice to evict.

Thanks in advance. If there is any confusion, I will be more than happy to clarify.

 

[JReyes]

We were given a notice to "move out" and not a eviction. I am not mad at the landlord, it is in their right to do that. I just wanted to see if we were in our right to do that.

 

[fauve4]

Lease?

Are they breaking a lease?
or
Are you a month-to-month tenant?

 

[BL]

We have just been evicted and we were given 40 days to move out. It is an owner-occupied building w/ no more than two units, excluding the owner's unit. We have a month to month rental agreement.

If you aren't being evicted and were given proper notice , what makes you think you can stay in the LL's property forever .

On top of that why do you think you don't have to pay rent ?

Just as tenants MUST give proper notice , so does the LL .

If there were no procedures the LL could throw you butt on the curb , and tenants could just vacate with out penalty to either one .

This is America .

 

[treese]

Typical tenant misconception ... no you are not right in thinking that you can do that.

Once you have been to court, the judge may allow a "stay", but will order you to pay the LL for doing so as one of the conditions of your "stay".

Until then:
If you do not pay rent when it is due, you will be served with a court summons and complaint for non-payment of rent.

NJ Law does not require a notice to pay or quit be served before filing suit against the tenant in non-payment cases. You will not have any prior warning from the LL until the summons & complaint shows up at your door.

 

[JReyes]

Thank you for the response and I feel better informed of the situation at hand. I will try to chock up the money and pay this months rent then.

 

[txlandlady]

Not trying to pick a fight, but..........

Why the sad face? I'm sorry, I just don't get - unless you'll admit to not having morals - WHY, WHY, WHY you think you shouldn't have to pay rent for every day you live there?

Is there something more to this story, or are you just ticked that they're asking you to move out?

K in A

 

[JReyes]

There is nothing more the the story. WE always paid our rent on time and we were excellent tenants. They just want to move their own family into the unit we were renting and that's understandable. It's just that I put $4000 to move out and now to the pay the rent that's due on top of that will make it very difficult for me to move out.