I was not able to rent a unit this month. In 20 years I don't recall a MtM tenant leaving on Jan 1st, so I guess it's not a huge issue, overall we have a low vacancy rate. We usually let tenants go MtM after 1 year, figuring who does it serve to hold them? Our mostly young tenants have changing lives and us knowing they 'might' give us 30 days notice before their lease expires vs 30 days anytime usually makes little difference.
But this sucks. I'm wondering if it would be legal to have a MtM lease with November through February blacked out, that is: they can't give notice for the 1st of those months, but any other month is normal. Note this is NJ, where all leases must be renewed with owner occupied exceptions that don't apply to me. So the normal advantage of MtM to landlords of kicking bad tenants out isn't an option anyway.
The answer is... sort of. You can't have a month-to-month lease in the way that it would be considered so under the law if you have anything in writing, so if you agreed to actual lease terms and the general law no longer governed the tenancy, you would be subjecting yourself to the laws of a written lease. The only way I can see this working is if you allow month to month tenants but in, let's say, October, you send out a written notice to all of the tenants saying that that is their 30 day notice that their month to month tenancies are terminated and in order to establish a new tenancy they have to sign a lease for November 1 through February 28. They'll be bound to that lease during those months, and then just by virtue of them expiring, March 1 will become month to month again. It's a pain depending on how many tenants you have in the building, but it's the only way around it that I can think of.
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