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In New Jersey, the state law (§ .2) limits landlords to charging no more than one and a half months of rent for a month-to-month rental agreement of up to one year. In addition, the security deposit must be returned to the renter within 30 days of the renter moving out of the real estate.
The Eviction Process in NJ with No LeaseYour landlord is required to go through the court in order to legally evict you. Your landlord is also not permitted from unilaterally locking you out of your home, removing your personal belongings, or shutting off any utilities.
Non-renewal of the lease after the rental period ends New Jersey law states that landlords cannot evict a tenant or force them to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental period ends.
For those without a lease, you are vulnerable to the rent being increased at any point during your rental period. However, it's important to know that even without a lease your landlord is still required to give you a 30-day notice for ending your lease or for increasing your rent.
Cite: N.J.S.A -9.4. Under the law, a tenant must give the landlord written notice to end a lease early. The lease will then end 30 days after the landlord receives this notice. You are required to pay the rent until this 30th day.
No residential landlord may evict or fail to renew a lease, whether it is a written or an oral lease without good cause. The landlord must be able to prove in court that he has grounds for an eviction.
Renters who do not have leases and pay rent on a monthly basis are called month-to-month tenants. In localities without rent regulation, tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent (Real Property Law § 232-c).
Bishop, 15 N.J. Super. 266. A month-to-month tenant must give written notice of lease termination at least one full month prior to moving. Most yearly leases require a 60 to 90 day notice from the tenants in order to terminate the lease.
Under rent reform laws passed by the New York state legislature in 2019, landlords must give advance written notice to tenants, including those renting month-to-month, if they intend to terminate their leases. If you've been in possession of the apartment for less than a year, you're entitled to 30 days notice.
If you don't have a written lease and you pay rent monthly, or your written lease is month-to-month, you can be evicted only if: You owe rent and you were served with a 14 day demand for the rent (a thirty day demand is required if you are renting from a manufactured home park), or.