It is quite interesting, I gave her notice on Aug. 7th.
Yes it has been month to month.
It is interesting because out of my friends and family members that I have spoken to and 1 is a lawyer said I do not owe her anything because she has no legal documents.
.
And that is why it is considered a month to month agreement, the least restrictive. It doesn't matter why you are moving out, you still need to give 30 days notice.
Chapter 5 Contents:
Ending or Breaking Your Lease
Why end a lease?
Notice to end a lease
Ending a yearly lease
Ending a month-to-month lease
Moving out before the lease ends
Give advance notice to the landlord
What if you decide not to move?
Claims for rent
Moving out because of bad conditions
Death or disability of a tenant or a tenants spouse
Property tax rebate
The lease may not survive the tenants death
Tenant illness or accident
Housing that is not handicapped accessible
Ending or Breaking Your Lease
ALL LEASES, WHETHER WRITTEN or oral, last only for a specific period of time, such as one month or one year. This chapter explains three things about ending or breaking leases. First, it explains how to end a lease so that you can move out when the lease period is up. Second, it explains the legal consequences of breaking your lease before your lease ends and when you can move because the landlord refuses to repair serious defects in your rental unit. Third, it discusses what happens to a lease when the tenant dies.
NOTE! Before you end or break a lease, you must understand a basic rule about landlord-tenant law in New Jersey. Because of the Anti-Eviction Act, you cannot be evicted simply because your lease ends. As explained in Chapter 9, The Causes for Eviction, a tenant can only be evicted if the landlord can prove one of the good causes for eviction under the law. The ending or expiration of a lease is not a good cause for eviction. This means that, however long your lease, you do not have to move just because your lease has ended. It also means that, unless you or the landlord end your lease, all yearly leases and month-to-month leases automatically renew themselves. The only exception to this rule is if you live in a building with only two or three apartments and the landlord lives in one of the apartments.
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Why end a lease?
Landlords and tenants have different reasons for wanting to end a lease. As stated above, a landlord cannot evict you just because your lease is over. Because of this, the only reason for a landlord to end your lease is to offer you a new lease with different terms, such as a higher rent or new rules and regulations. By ending your lease, the landlord cannot get you to move but can require you to pay more rent or to follow new rules.
On the other hand, tenants often want to end their leases because they want to move.
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Notice to end a lease
To end a lease, either the tenant or the landlord must give the other a written notice before the end of the lease, stating that the lease will not be renewed. If this written notice is not given or is not given in the required time, then the lease will renew itself automatically, at least on a month-to-month basis, generally with the same terms and conditions. Cite: N.J.S.A. 46:8-10.
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Ending a yearly lease. To end a yearly lease, unless the lease says otherwise, you must give the landlord a written notice at least one full month before the end of the lease. The notice must tell the landlord that you are moving out when the lease ends. Also, unless the lease says otherwise, the landlord must give you at least one full months notice before the end of the lease to terminate a yearly lease so that the landlord can raise the rent or change other terms of the lease. Remember, you cannot be evicted just because the landlord ends your lease.
For example, if your yearly lease ends on June 30, you have to give the landlord a written notice before June 1 that you plan to terminate the lease on June 30. Failure to give the proper notice may result in the automatic creation of a month-to-month tenancy. In that case, you may be responsible for at least an additional months rent. In this example, your failure to give notice may allow the landlord to charge you for Julys rent and to subtract it from your security deposit.
If your lease or a notice from your landlord says that you must either sign a new lease by a certain date or else move out by the date your present lease expires, your failure to renew your lease will put the landlord on notice that you intend to move out at the end of the lease period. If you object to changes in the lease, let the landlord know. Lease changes must be reasonable. See Chapter 9, The Causes for Eviction. If you then choose not to move out, you will become a month-to-month tenant. Cite: Kroll Realty v. Fuentes, 163 N.J. Super. 23 (App. Div. 1978) and Lowenstein v. Murray, 229 N.J. Super. 616 (Law Div. 1988). You will, however, be subject to eviction for refusing to sign a new lease.
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Ending a month-to-month lease. To end a month-to-month lease, or any rental agreement that does not have a specific lease term, you 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); Harrys Village, Inc. v. Egg Harbor Tp., 89 N.J. 576 (1982).
For example, say that you have a month-to-month lease, your rent is due the first of every month, and you want to move on June 30. You have to give 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.
