Q: I didn't sign month-to-month after annual lease expired, landlord sent letter to terminate & show apt. w/ 24 hrs notice.
Hi. I'm a renter of a condo in attached housing here in Monmouth County, NJ. My landlord owns the property but it's part of an association. I had an annual lease which was renewed in 2016 (it started in August 2015) and a month-to-month lease was finally sent to me 3 weeks after the 2016 lease had ended this Summer. Now, because of consecutive late payments (though I've never missed a month of rent payment) she sent me a termination letter saying I had to vacate the apartment in 45 days; I need to stay here for the remainder of the school year in order for my daughter to stay in school. Now, my landlord expects to list the apartment as early as next week, gain entry with 24-hours notice, and have private viewings - but I work from home. What rights do I have? Can she just kick me out?
A:
If your landlord properly served you with a valid notice to cease making your late payments, and despite the notice you continued to make such payments late, yes, she has the right to ask you to leave. That is accomplished by sending you a notice to quit.
If the notice to cease wasn't sent, or was not properly sent, or other intervening actions occurred, it's possible you may be able to stay.
As far as showing the apartment, the landlord's access to the apartment is defined by the terms of your now expired lease.
The landlord must comply. However, your landlord also has the right to offer you a new lease with new reasonable terms regarding access. You have the right to accept the new lease, and then must comply with it, or move out. However, if the new terms are not reasonable, then you may not have to sign the lease.
See an attorney. You may be able to get a free or reduced rate initial consultation. Good luck.
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