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Is it true that in NJ if a lease contains the "right of reentry" before a landlord can file an eviction suit in court for violating lease terms the landlord MUST:
1) Issue a "Notice to Cease" in written form and there MUST be proof that the tenant received it
2) If the tenant does not rectify the situation than the Landlord MUST issue a "Notice to Quit" which has to give the tenant at least a month notice and there MUST be proof that the tenant received it.
Is it true that in NJ if a lease contains the "right of reentry" before a landlord can file an eviction suit in court for violating lease terms the landlord MUST:
1) Issue a "Notice to Cease" in written form and there MUST be proof that the tenant received it
2) If the tenant does not rectify the situation than the Landlord MUST issue a "Notice to Quit" which has to give the tenant at least a month notice and there MUST be proof that the tenant received it.
The right to re-entry clause has nothing to do with it. You're more or less correct, though, but it depends on whether you've been paying rent or not. If a tenant does not pay rent, the landlord is not required to give the tenant any notice before proceeding with an eviction lawsuit. As soon as the rent is late, the landlord can proceed with filing an eviction lawsuit.
However, the law also states that if a tenant habitually pays rent late, the landlord is required to give the tenant a written warning, called a "Notice to Cease." If the tenant still continues to pay rent late, then the landlord must give the tenant one month's notice, called a "Notice to Quit," before filing the eviction lawsuit.
Proper notice given usually means either a certified letter or even just as simple as posting the notice on your door. Even if you refuse to receive the certified letter, that's not gonna help you in court.
The right to re-entry clause has nothing to do with it. You're more or less correct, though, but it depends on whether you've been paying rent or not. If a tenant does not pay rent, the landlord is not required to give the tenant any notice before proceeding with an eviction lawsuit. As soon as the rent is late, the landlord can proceed with filing an eviction lawsuit.
However, the law also states that if a tenant habitually pays rent late, the landlord is required to give the tenant a written warning, called a "Notice to Cease." If the tenant still continues to pay rent late, then the landlord must give the tenant one month's notice, called a "Notice to Quit," before filing the eviction lawsuit.
Proper notice given usually means either a certified letter or even just as simple as posting the notice on your door. Even if you refuse to receive the certified letter, that's not gonna help you in court.
Thank you for the reply, the rent has never been late in almost 3 years, when I moved in, I added a second lock and gave a copy of the key to the landlord as requested per the lease agreement. A year later, I got a notice to cease stating I added a lock and did not give a copy of a key. So, I again supplied the office with a key. Than earlier this year, I got a letter that they need a copy of my ID because they don't have one , however one was supplied at the time of application (they lost it), so I promptly gave them a copy of the SAME ID which was still current. Now, I got another notice to cease (a year later) stating that I added a lock and did not supply a key (they lost it again I assume) and they are accusing me of subleasing the apartment (apparently another tenant told them this). I believe this type of behavior is harassment.
My lease terminates in 3 months and I do not want to renew because I am purchasing a home, but I also don't want to pay a fee to break the lease. Would it take at least 3 months to get a notice to quit? If I get a notice to quit than will I have to pay a lease fee? What are my options?
Why are you assuming that they're planning on evicting you? The best thing to do is call and make an appointment with the person in charge, sit down and sort this out in person. When you've done that, follow it up with a confirming letter or email about what was discussed and whatever resolution was reached.
Thank you for the reply, the rent has never been late in almost 3 years, when I moved in, I added a second lock and gave a copy of the key to the landlord as requested per the lease agreement. A year later, I got a notice to cease stating I added a lock and did not give a copy of a key. So, I again supplied the office with a key. Than earlier this year, I got a letter that they need a copy of my ID because they don't have one , however one was supplied at the time of application (they lost it), so I promptly gave them a copy of the SAME ID which was still current. Now, I got another notice to cease (a year later) stating that I added a lock and did not supply a key (they lost it again I assume) and they are accusing me of subleasing the apartment (apparently another tenant told them this). I believe this type of behavior is harassment.
My lease terminates in 3 months and I do not want to renew because I am purchasing a home, but I also don't want to pay a fee to break the lease. Would it take at least 3 months to get a notice to quit? If I get a notice to quit than will I have to pay a lease fee? What are my options?
Well, first off, if they're looking to evict because you violated the lease, they first need to prove that you violated the lease. You haven't, so they can't do anything except not renew your lease, which is what you want anyway. I'd suggest supplying office with yet another key, but write up a receipt that you make them sign acknowledging they received the key; either that, or remove the lock.
As to the eviction process itself, the landlord must first give the tenant a written Notice to Cease that details the violation, which you have received. If the tenant continues to violate the lease, the landlord must then give the tenant one month's notice, in the form of a Notice to Quit, before filing the eviction lawsuit. You are given time to rectify any possible violations and LL can't evict if you've done so.
Well, first off, if they're looking to evict because you violated the lease, they first need to prove that you violated the lease. You haven't, so they can't do anything except not renew your lease, which is what you want anyway. I'd suggest supplying office with yet another key, but write up a receipt that you make them sign acknowledging they received the key; either that, or remove the lock.
As to the eviction process itself, the landlord must first give the tenant a written Notice to Cease that details the violation, which you have received. If the tenant continues to violate the lease, the landlord must then give the tenant one month's notice, in the form of a Notice to Quit, before filing the eviction lawsuit. You are given time to rectify any possible violations and LL can't evict if you've done so.
If the LL serves a notice to quit and I comply by said date, will my lease be null and void by the LL and will I be responsible for the lease breaking fee ($400) + for rent until the apartment is rented until thr original lease termination time?
For that, you'd need to consult an attorney. If they're looking to evict you because you are violating the lease and refuse to comply with the terms of the lease, I'm sure you'd be charged any and all applicable fees. But I don't have your lease in front of me so I don't know what penalties, if any, they've written into it. Yes, you'd still be responsible for paying the rent even if the landlord has sued you for eviction.
You seem to not be violating the terms of the lease? Why go through the eviction process at all? You're in compliance and you really don't want to have to deal with the housing court process. You only have 3 months left and you're purchasing a home; do you really want something like that popping up late and derailing your purchase? An eviction would be a HUGE red flag to a lender.
For that, you'd need to consult an attorney. If they're looking to evict you because you are violating the lease and refuse to comply with the terms of the lease, I'm sure you'd be charged any and all applicable fees. But I don't have your lease in front of me so I don't know what penalties, if any, they've written into it. Yes, you'd still be responsible for paying the rent even if the landlord has sued you for eviction.
You seem to not be violating the terms of the lease? Why go through the eviction process at all? You're in compliance and you really don't want to have to deal with the housing court process. You only have 3 months left and you're purchasing a home; do you really want something like that popping up late and derailing your purchase? An eviction would be a HUGE red flag to a lender.
If they are persistent and give me a notice to quit than If I move
out it will not go on my credit report because the court was not involved. I do want to avoid going to court. I tried talking to the landlord but they are very snotty and defensive. From what I read your credit will get dinged only if the judge evicts you and it becomes public record. Worst case move out and pay 1 month rent (since lease terminates in 3
months) and ($400) fee and live with parents for a few months.
If they are persistent and give me a notice to quit than If I move
out it will not go on my credit report because the court was not involved. I do want to avoid going to court. I tried talking to the landlord but they are very snotty and defensive. From what I read your credit will get dinged only if the judge evicts you and it becomes public record. Worst case move out and pay 1 month rent (since lease terminates in 3
months) and ($400) fee and live with parents for a few months.
The only grounds they would have to evict you is if you're violating your lease by subleasing and you say that despite what the neighbor apparently said, you're not doing so.
It makes no difference whether or not your landlord is "snotty and defensive". If you want to sort this out you need to go and meet with your landlord in person, if indeed you really are being unjustly accused of violating your lease. Either you're way too easily cowed or there's much more to the story.
If they are persistent and give me a notice to quit than If I move
out it will not go on my credit report because the court was not involved. I do want to avoid going to court. I tried talking to the landlord but they are very snotty and defensive. From what I read your credit will get dinged only if the judge evicts you and it becomes public record. Worst case move out and pay 1 month rent (since lease terminates in 3
months) and ($400) fee and live with parents for a few months.
Ok, so now your story is changing and I'm not sure what your angle is.
If you're not in violation of your lease, then LL has no case to evict you, period, end of story. And newsflash: just because you move out does not mean the court proceedings do not still go forth; if you rightfully owe back rent, bet your bottom dollar the LL is still pursuing you through the courts and you'd likely have a judgment filed against you. That WILL show up on your credit report.
Are you simply trying to get out of your lease early/ That's a whole different situation and doesn't need to escalate to the point of Notices to Cease & Quit.
What's the real story?
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