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.