I have a tenant that gave notice Sept 29. To ensure it stuck I gave her certified written notice from me telling her to vacate the premises Oct 31, 2011. She wrote back that she wants to stay until Nov 1 and I did not agree verbally or in writing. I know I cannot lock her out and also my lease stipulates she has to pay double rent if she enters a new month without a lease. At what point is she obligated to pay for another entire month? I live in an owner occupied building with only 2 units in NJ.

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Originally Posted by phaus

I have a tenant that gave notice Sept 29. To ensure it stuck I gave her certified written notice from me telling her to vacate the premises Oct 31, 2011. She wrote back that she wants to stay until Nov 1 and I did not agree verbally or in writing. I know I cannot lock her out and also my lease stipulates she has to pay double rent if she enters a new month without a lease. At what point is she obligated to pay for another entire month? I live in an owner occupied building with only 2 units in NJ.

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So you are quibbling over a portion of November 1st? Yes, if the tenancy (whether by lease or by month-to-month) was on the basis of calendar months (from the first of each month through and including the last day of each such month), you are not required to pro-rate the month of November and should be able to charge for the entire month (nothing in lease terms to the contrary). Tell her no; in writing, that she needs to be out on or before October 31st.

Was the certified mailing of the notice you sent to her received prior to October 2nd?