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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33801
Experience:  Attorney for over 15 years, landlord 26 years
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I moved into my apartment early december 2014. Renting out

Customer Question

I moved into my apartment early december 2014. Renting out the upstairs bedroom in a 3 bedroom house. Month to month lease and I always paid my rent on time, no issues to speak of with the Landlord. I got a letter on Friday May 1st, stating that I have 30 days to vacate the upstairs unit (Bedroom, living room, and half bath, roommate and I share the shower downstairs and kitchen). The letter states she is planning to occupy the upstairs unit, but no further explanantion was provided. In the area I live in, 30 days is not enough time to find a decent apartment, especially considering my budget. I need to know my rights here and whether or not I am entitled to ask for an additional 30 days as I have done nothing to violate the terms of my lease. Please please help!
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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In NJ, a landlord has to have "just cause" to terminate a month to month lease and then be able to evict the tenant if they don't move. Unfortunately, one of the "just cause" grounds is if the owner wants to personally move in or move in a family member.
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So legally, since you are month to month, either you could terminate or the landlord could terminate with proper grounds.
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If you didn't move out withint that 30 days, then the landlord would have to pursue a formal eviction action in court, which can take 3-4 weeks longer, depending on the court's schedule, before the landlord could get a judgment and writ to have the sheriff physically force you to leave..
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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks
Barrister
Customer: replied 1 year ago.

Ok. Thanks.

Expert:  barristerinky replied 1 year ago.
You are very welcome, even if the news isn't great...
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thanks
Barrister

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