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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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I own a condo apartment in Weehawken, NJ (Hudson County). It

Customer Question

I own a condo apartment in Weehawken, NJ (Hudson County). It is rented to a tenant who is a month-to-month hold-over on an expired lease that had a 30-day notice proviso. If I wish him to vacate what is the required procedure to give him notice. Will email suffice or must it be proper service? What are the accepted methods in Weehawken? Can he demand that the the 30-days run out to the end of one complete month?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

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OK, although the tenant is a "hold-over" tenant - the lease is still applicable as to any notice provisions stated therein.


Does the lease state how notice is to be given?
Customer: replied 1 year ago.

I do haot have with me the lease but I believe that there is no proviso in the lease for method of service. If so, it will be self-explanitory, so let's assume that the lease is not specific on that point.

Expert:  Law Pro replied 1 year ago.
To end a month-to-month lease, or any rental agreement that does not have a specific lease term, the landlord or tenant must give a written one-month notice before the month starts. You can then move out at the end of the month. Cite: S. D. G. v. Inventory Control Co., 178, N.J. Super. 411 (App. Div. 1981); Harry's Village, Inc. v. Egg Harbor Tp., 89 NJ. 576 (1982).

For example, if there is a month-to-month lease and rent is due the first of every month, and you want the tenant out on June 30. You have to give the tenant (or the tenant to the landlord) a written notice before June 1 saying that you will be moving out as of June 30, and you will end your lease at that time.

How do you give notice - if the lease is silent - then any way you have been communicating is acceptable notice.

However, to be safe, it would be best to send them notice by certified mail, return receipt requested, so that you can prove that they actually received the notice.

Then, if the tenant doesn't vacate, you can file complaint for possession of the property.

Landlord tenant complaints must be filed in the county where the rental premises are located. The court will serve the tenants with a copy of the complaint and all parties will be notified of the trial date.


If the court grants the landlord possession of the premises, he/she must apply for a warrant of removal and select a court officer to conduct the lock-out. The court officer will place a notice on the door of the premises prior to the scheduled lock-out. After the notice is placed on the door, the tenant can go to court and file a request to stop the eviction or for additional time.

Location of Court Forms: Forms may be picked up in person at the Civil Customer Service Office, Room 201, Hall of Records, 465 Dr. Martin Luther King Jr. Blvd., Newark, NJ 07102.

Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 23968
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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Customer: replied 1 year ago.

Thank you. I had just the one question that you did answer. That information will help me to determine my actions in this particular situation.

Expert:  Law Pro replied 1 year ago.
Since you regularly communicate by email - an email as to notice to vacate is an racceptable form of communcation to vacate.

You must give him 1 full month's notice - for example - if you notice him to vacate in May (any day between the 1st till the end of the month till the 31st) then they have to be out by the end of June.

Usually you would want to give them as much notice as possible.

However, then the tenant would have till the end of June (regardless of what day you gave them notice in May) to be out or till June 30th.


Does that answer your questions?

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