Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 9 years ago,

User Stats

63
Posts
88
Votes
Jesse M.
  • NJ, NJ
88
Votes |
63
Posts

Terminating Month-to-Month lease in NJ

Jesse M.
  • NJ, NJ
Posted

Hi BP,

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!

Loading replies...