East Orange, NJ asked in Landlord - Tenant and Real Estate Law for New Jersey

Q: Does new owner legally need to give written 30 day notice for a tenant already in unit on a month to month lease in NJ?

I am living on a month to month at my current residence. On 7/2021 old owner gave all tenants a written notice that she was selling the property and we had to move. My move date was 9/1/2021. I was/am still searching for affordable housing. There were negotiation issues, inspections, corrections/fixes and then more delays after hurricane Ida's water damage that needed to get done during which the old owner gave me the verbal ok to move by 11/1/21. The new owner closed on the property 10/12/21 and did communicate with old owner before closing that stated my move date would be 11/1/21.

I am still searching and now have assistance from family members which will ensure I find a place however I will still be in the apartment after 11/1. Can the new owner start eviction in court immediately if I am still in the apt after 11/1 or does the new owner need to give me a written 30 day notice first before taking me to court for eviction?

1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Landlord Tenant Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: There is no self help in NJ. A landlord can not lock you out. If you choose not to move, the LL must file an eviction action with the court The Court has the power to stay an eviction for up to six months. Make the LL take you to court. If LL successful ask the order to stay the eviction. So approach the LL now and see if an acceptable extension can be negotiated.

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