New Jersey Statewide Rule
New Jersey Lease Termination: One Month's Notice to End a Month-to-Month Tenancy
Key Facts
- Month-to-month notice
- At least one month's written notice, ending at a rental period
- Statute
- N.J.S.A. 2A:18-61.2 (required notice)
- Tenant ending lease
- One full month's notice to the landlord
- Landlord limit
- Anti-Eviction Act still requires good cause for covered tenancies
Summary
To end a month-to-month residential tenancy in New Jersey, either party gives at least one month's written notice expiring at a rental period. Because the Anti-Eviction Act bars removing a protected tenant without good cause, a landlord's notice to quit alone does not force the tenant out unless a ground in N.J.S.A. 2A:18-61.1 also applies.
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.
Full Breakdown
A periodic month-to-month tenancy in New Jersey is terminated by a written notice to quit given at least one month before the end of a rental period; courts require that a month-to-month tenancy be properly terminated under N.J.S.A. 2A:18-61.2 before a possession action proceeds. A tenant may move out by giving a full month's notice. A landlord, however, faces the Anti-Eviction Act: for premises it covers, the landlord cannot remove the tenant simply by serving a notice to quit at lease-end. The landlord must also prove a statutory good cause under N.J.S.A. 2A:18-61.1, such as non-payment, disorderly conduct, lease breach, or owner move-in. For tenants outside the Act, such as an owner-occupied two-unit home, one month's notice ends the tenancy.
Violations & Penalties
No specific statutory penalty. A notice to quit with the wrong length or timing is ineffective and deprives the court of jurisdiction, so the eviction or termination fails; for covered tenancies, the landlord must also establish good cause under the Anti-Eviction Act.
Frequently Asked Questions
How much notice to end a month-to-month lease in New Jersey?
Can a New Jersey landlord end a month-to-month lease just because it expires?
Sources
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