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When to Send Notice to End Lease:
When the tenant or landlord wants to end the leasing agreement and there is a:
- Fixed lease: It will just end on the last day. No prior notice is needed unless the written lease says otherwise.
- Yearly Lease (with no end date): This kind of arrangement will require 3 months’ prior notice to end the lease.
- Month to Month: These periodic leases require one month notice.
- Week to Week: A weekly lease arrangement requires a 7-day notice.
Eviction:
New Jersey evictions can be complicated. Make sure that you have all your ducks in a row and if you have any doubts on how to proceed, make sure you get professional legal counsel.
IMPORTANT: In New Jersey, the landlord does not have to provide a notice to the tenant for non-payment of rent before filing in court for eviction. Unless it is for a senior citizen, in which case, a
5-DAY notice is required.
Other lease violations will need a 30-day notice except for disorderly conduct or destruction of property, which only necessitates 3 days.
When dealing with a habitually late paying tenant, landlord may serve that tenant with a 30-day notice to vacate. If tenant fails to vacate on or before the end of the 30 days, the landlord may file in court for eviction.
All other lease violations (except for disorderly conduct, criminal activity, gross negligence or causing property damage), have a two-step process. First,a notice is sent to the tenant who has committed a violation of the lease (other than for non-payment of rent). It requires the tenant to remediate the issue or face eviction. If the tenant fails to comply, a second notice is sent for tenant to quit (vacate the premises) or face eviction.
For tenants who commit disorderly conduct, criminal activity, gross negligence or property damage, a 3-Day Notice To Quit is required. This does not require that the tenant fix the issue, only that the tenant either vacate the premises within 3 days or face eviction proceedings.
Questions? Ask an Attorney!
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