[crys333]

Central NJ------> married couple with a 5month old who resides in a two family house, our apartment is rented. My landlord has been with the mother of his kids for a long time, Needless to say, the landlord had a argument with his girl and she put a restraining order on him. She resides with him. Now he is not here and his girl advised me and my husband "verbally" we need to start looking for a new place to live, she is going to sell the house. I spoke to the male (whom is our "main" landlord- we give him the rent) and he said to do what his girl says. I believe a "landlord" has 30 days to advise the tenants in writing that they need to start looking, is this true? Niether of them put it in writing. I want to know my legal rights as a tenant what to do. My lease is up in December of 07. I know the law is on my side because of my child, no matter what. The landlord knew that we wanted to renew the lease. As far as I know as long as we pay our rent and advise 30 days in advance that we plan on renewing, there is nothing they can do. I know what they are doing or planning is illegal and they need to reevaulte how they are coming across. I need some legal advice on how to go about this.

[froggy7]

You are wrong on some points. They can't put you out before December legally, but they do not have to renew your lease after that. You cannot force them to be landlords if they do not want to be. So you will be looking for a new place at that time. Yes, they need to give you written notice that they will not be renewing the lease. And depending on the timing of that, you may be able to eke out another month's rent, since most states default to a month-to-month rental if there is no signed lease. But it will take both you and the landlord signing a new lease in December to create any legal protections for you, and at this point that doesn't seem too likely.

[LisaB4657]

Sorry, but the information you have is incorrect. In NJ the law is that a landlord must offer a renewal to a tenant, except under certain conditions such as if the tenant has habitually failed to pay rent on time or has violated the lease.

But this law does not apply to landlord-occupied 2 or 3 family dwellings. All your landlord has to do in order to evict you is show the court that you have stayed after the expiration of your lease and after you have received written notice to leave.

So once the landlord gives you 30 days written notice to leave they will be able to evict you. It doesn't matter whether you have a child and it doesn't matter whether you have given your landlord notice that you intend to renew the lease.

I suggest that you immediately start looking for a new place to live.

[ScottGem]

First, I'm not sure why you deleted the response you posted. But I would not take legal advice from a police officer.

As Lisa pointed out, if this is an owner occupied dwelling it may not be subject to the laws that apply to larger dwellings. Which means, if they choose not to renew the lease they have that right. All they need to do is give you 30 days written notice.

Now if this is a legal two family home and they are looking to sell it, it makes more sense to try and sell it WITH a tenant. A buyer wanting a 2 family is going to want a tenant. So I would go back to them and suggest to them that it would be easier to sell if you stay. Hence no written notice.

Its also possible they were trying to give you a friendly notice to start looking but aren't going to throw you out, just giving you time to find a place.

[Cvillecpm]

Your landlords need to start doing notifications, etc in writing but don't tell them that. If GF is not on the title, she has no "say" unless she has a power of attorney, etc from BF/landlord. Communicate with HIM and not HER

The RO situation is not an issue you should concerned about. It is between him and her.