I have a question/confusion about terminating a month to month lease in NJ. NJ has a restrictive anti-eviction law where the landlord must renew the lease except for good cause.
One of the valid reasons is of course non payment of rent.
Based on my understanding, NJ landlords can immediately file for eviction without notice in the event of non-payment of rent. However, it looks like if the tenant then pays the rent after the eviction is filed, then the case gets dismissed.
If hypothetically a certain tenant of mine didn't pay the rent, i'd like to use that opportunity to just not renew the lease and issue a 30-day "notice of termination of the lease".
Has anyone done this in NJ? If so, did you have any issue if the tenant later paid up their rent and then failed to move at the end of the lease which you tried to terminate? I would have thought that if you filed eviction then, it would be for their failure to move at the end of the terminated lease, and no longer for non payment of rent....hence their paying the rent after that shouldn't be a defense right?
Seems a bit technical, perhaps a question I should ask a lawyer? (lawyers bill annoyingly large amounts in my experience : ) Thanks for any comments!
I believe a MTM lease is cancellable by either side with 30 days notice for any reason.
I would think that, if they give you a check late after an eviction notice, just don't cash it and they never really paid. But I'm not a lawyer, so, you probably want to ask a lawyer. A lot of times, they don't charge too much if you will be giving them future business.
In any case, if you cash their check, you are agreeing to rent to them. So, if you are evicting, don't accept payment anymore.
You must be a BiggerPockets member to post on the forums
Join the world's largest, most open Real Estate Investing Community online, 100% free forever!