A New Jersey month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a New Jersey Month-to-Month Rental Agreement
In New Jersey, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under New Jersey landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in New Jersey
New Jersey landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Truth in Renting Guide Disclosure – New Jersey landlords must provide prospective tenants with the “Truth in Renting Guide,” which discusses tenant rights.
- Flood Zone Notice – New Jersey landlords must provide notice to tenants if a property is in a flood zone.
- Window Guard Disclosure – New Jersey landlords have a responsibility to provide protective window guards to tenants upon written request, for child safety.
- Disclosure Statement to Senior Citizen Housing Residents – New Jersey landlords must in some cases provide telephone numbers of state and local officials for the municipality who receive reports of housing emergencies and complaints.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in New Jersey
New Jersey lets both the landlord or tenant terminate a month-to-month lease with at least one month of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
New Jersey requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a New Jersey Month-to-Month Lease
New Jersey only allows rental increases as part of a negotiated change from one lease term to the next. This lets a tenant decide whether they want to accept the rental increase or move out. The required advance notice in New Jersey for a month-to-month lease termination is one month of advance notice, so this applies to rental increases as well.
Eviction in New Jersey Month-to-Month Rentals
New Jersey tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in New Jersey typically take between three weeks to four months.
For more information on the eviction process in New Jersey, click here.
Sources
- 1 N.J. Rev. Stat. s. 2A:18-56
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No judgment for possession in cases specified in paragraph “a.” of section 2A:18-53 of this Title shall be ordered unless:
a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months’ notice to quit, which notice shall be deemed to be sufficient; or
b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month’s notice to quit, which notice shall be deemed to be sufficient; or
c. The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term’s notice to quit, which notice shall be deemed to be sufficient; and
d. It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.
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