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    jolienoire's Avatar
    jolienoire Posts: 917, Reputation: 166
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    #1

    Jun 19, 2009, 11:22 AM
    Terminating Tenancy in NJ with a Month-to-Month lease
    Hello,

    I have a question in regards to a home that is in NJ. My father-in-law has a home in which he has a tenant who resided there for 25 years, and now due to his recent illness, and inability to keep up with things, my husband and I will be taking over the property also it will become our primary residence so that we can care for his father and make the necessary repairs that are needed being that the home is very old. However NJ eviction laws are a little strict on terminating tenancy laws so I am not sure how much notice we would have to give her?
    Along with if the reason for her needing to vacate is a valid reason?

    Just to add, My father-in-law would not be residing at the home with us, but he will be staying in the house behind it so that we can care for him.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 19, 2009, 12:24 PM

    Does she have a yearly lease or a month to month lease?
    When is her lease up?
    jolienoire's Avatar
    jolienoire Posts: 917, Reputation: 166
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    #3

    Jun 19, 2009, 12:42 PM
    Quote Originally Posted by N0help4u View Post
    Does she have a yearly lease or a month to month lease?
    When is her lease up?
    Month-Month and nj rental laws are very conflicting, I am not sure about the just causes to end her tenancy or if that reason is valid enough, but we need her out As soon as administratively possible. She has pets, and moved her two grown children in there, she just do whatever she pleases, and my father-in-law health is declining so we need to get this done, he doesn't even know the condition of the house, he has not been inside that house for the 25 years she has been there, but we don't want any legal troubles so I need to do this fast and totally legal.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 19, 2009, 12:43 PM

    Yes, NJ requires a one month written notice. If tis a month to month lease, then no reason has to be given.
    jolienoire's Avatar
    jolienoire Posts: 917, Reputation: 166
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    #5

    Jun 19, 2009, 12:47 PM
    Quote Originally Posted by ScottGem View Post
    Yes, NJ requires a one month written notice. If tis a month to month lease, then no reason has to be given.
    That is what I thought but then I read something that NJ and New Hamsphire requires a cause for ending tenancy. Its confusing me. This article


    N.J.S.A. 2A:18-61.1. Removal of residential tenants; grounds
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jun 19, 2009, 12:57 PM
    I think that act refers more to apartment buildings rather than single familiy residences. What you can do is have your FIL sell you the property, then you will be the owner and you can terminate the lease since you will be moving into the property. That should satisfy the legalites. I don't think its 100% necessary since your husband is part of the immediately family of the owner as specified in paragraph (3).

    I would serve written notice. If she refuses to vacate, then you can worry about making sure you can legally file for an eviction.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #7

    Jun 19, 2009, 01:05 PM
    Unfortunately, the NJ Anti-Eviction Law does apply to your situation. The tenant must have violated one of the specific conditions or she must be offered a renewal.

    The only option is the one suggested by Scott. You have to enter into a contract to buy the property from your father-in-law and the contract must specify that the house is vacant at the time of closing. Once the contract is signed you have to give the tenant 60 days notice to vacate. If she hasn't vacated at the end of the 60 days then you can file a lawsuit for eviction.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #8

    Jun 19, 2009, 01:06 PM
    Quote Originally Posted by ScottGem View Post
    I think that act refers more to apartment buildings rather than single family residences.
    Sorry, Scott, but it applies to all rentals other than owner-occupied two or three-family dwellings. Since the OP's father doesn't live in the same house it applies to this situation.
    jolienoire's Avatar
    jolienoire Posts: 917, Reputation: 166
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    #9

    Jun 19, 2009, 01:12 PM
    Quote Originally Posted by ScottGem View Post
    I think that act refers more to apartment buildings rather than single familiy residences. What you can do is have your FIL sell you the property, then you will be the owner and you can terminate the lease since you will be moving into the property. That should satisfy the legalites. I don't think its 100% necessary since your husband is part of the immediately family of the owner as specified in paragraph (3).

    I would go ahead and serve written notice. If she refuses to vacate, then you can worry about making sure you can legally file for an eviction.
    Thanks for your help!! I missed that part in Paragraph (3). We were considering purchasing that home, but the taxes are ridiculous in that area The taxes for that home is about 10,000 dollars, and bad enough we have to sacrifice and rent out our own home, because we can't sell it. It's really a tough situation for us, but his dad relies on us.

    Anyway Don't know why I start rambling sometimes, But thanks again
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #10

    Jun 19, 2009, 01:19 PM
    <sigh>

    Read it again. (3) applies only if the member of the immediate family has a developmental disability.
    jolienoire's Avatar
    jolienoire Posts: 917, Reputation: 166
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    #11

    Jun 19, 2009, 01:36 PM
    Quote Originally Posted by LisaB4657 View Post
    <sigh>

    Read it again. (3) applies only if the member of the immediate family has a developmental disability.

    I read it, thanks I happened to type that before you responded.
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