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Old 07-11-2008, 11:58 AM
 
3 posts, read 13,144 times
Reputation: 10

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Hello,
My question is i have a month to month lease at my residents. I have lived here for almost 7 years. I just found a bigger house i need to move into. I was just about to give my lanlord my 30 day notice(really 36 days), until i looked at my lease and they wrote in that i need to give 45 days notice. My question is can i just give the 30 days notice without me worrying about them keeping a portion of my security deposit? To me a month to month lease means 30 days, regardless of them filling in 45 days. Please any advice will be helpfull. I really want to rent this new house. Thank You
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Old 07-11-2008, 12:15 PM
 
240 posts, read 581,030 times
Reputation: 218
I would like to know also......
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Old 07-11-2008, 03:06 PM
 
Location: Cranford NJ
1,049 posts, read 4,020,902 times
Reputation: 405
Ask the landlord and explain your situation, since you have been a good tenant, he/she may overlook what is written. Also would it be possible to take possession of the new home at a later date?
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Old 07-11-2008, 03:45 PM
 
3 posts, read 13,144 times
Reputation: 10
My lanlord is being a real pain about this, which is ridiculous. Also, the new lanlord wanted me in the first of Aug. He is letting me go to the 15th so the extra 2 weeks would be pushing it. Basically, your telling me im bound by the handwritten 45 days?
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Old 07-11-2008, 03:55 PM
 
87 posts, read 351,904 times
Reputation: 31
I just went through this. If the lease specifies more than 30 days notice is required on a month-to-month lease, it is in direct violation of NJ state law. My landlord wanted 3 MONTHS' notice on a month to month and when I gave him 6 weeks, he was unhappy. However, because I was in the process of buying a house, I spoke with my attorney, and he informed me the law was on my side.

However....can the landlord be difficult? Of course. I would politely point out in a certified letter the exact date you plan to vacate. I said something like, "I would have liked to have met your notice requirement, but I am in compliance with NJ state law." This lets them know that you know the law without sounding like a jerk.

I sweated it out until I got my deposit back. And all was well. Good luck!
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Old 07-11-2008, 06:44 PM
 
3 posts, read 13,144 times
Reputation: 10
Great news!!!
Thank you so much for the information. I will be sending out the certified letter on Monday. Im glad to know i will see all of my deposit.
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