Q: Moving Out on Hold Over, What Are My Rights
My question involves landlord-tenant law in the State of: New Jersey
I started a 1 year lease(as tenant) on Nov 15 2015, ending Nov 14 2016. I had deposited 1.5 months worth of rent as security deposit. After the end of the 1-year term, there was no communication and I continued to stay(and still am) in the property. Now, I'd like to vacate the apartment effective Sep 30 2017, but in a verbal conversation my landlord mentioned she'd expect me to pay in full till 14 Nov. As I understand, my case should be treated as a month on month lease, as the original term ended and lease was not renewed. I'd like to know -
1. Is my understanding above correct?
2. What's the best way for me to notify my landlord?
3. As of today, I have paid rent till 14 Sep. Should I pay rent for the remaining 16 days on 15 Sep, and then expect my deposit back, or can I ask the landlord to deduct 16 days worth of rent and return my deposit?
4. Anything else I should be careful about?
A:
You are correct that your lease converted into a month to month. However, other than that, all the terms of the prior written lease apply.
Therefore, it seems to me that your month actually runs from the 15th to the 14th, and if you want to move out on September 39, you will be liable for 15 days until the 14th of October. You would have to notify your landlord by September 14. HOWEVER, check your lease, because if it required a longer notice period, then that longer notice period is in effect.
If you give notice on August 31 that you are vacating September 30, the landlord would have a duty to try and mitigate her damages by advertising the apartment and/or taking other reasonable steps to rent it out. If she fails to do that, a judge may allow you to keep the 2 weeks rent.
You cannot make the landlord utilize your security deposit, unless she failed to adhere to the requirements of the security deposit law.
Good luck.
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