No written 30 days notice in NJ - What do I legally owe?

[photo guy]

I recently move out of an apt and into another. two months before I moved I called the landlord and left a message that I would be moving out. He called me back and left me a voice mail confirming that he got my message and that if I needed anything to let him know. We did not communicate after that and I stupidly never submitted a written 30days notice. Two months after moving out he calls me and says he never knew I moved and I now owe the two months rent that I was not living there. What do I legally owe ?

[sandyclaus]

Originally Posted by photo guy I recently move out of an apt and into another. two months before I moved I called the landlord and left a message that I would be moving out. He called me back and left me a voice mail confirming that he got my message and that if I needed anything to let him know. We did not communicate after that and I stupidly never submitted a written 30days notice. Two months after moving out he calls me and says he never knew I moved and I now owe the two months rent that I was not living there. What do I legally owe ?

Since you never provided proper written notice, you owe for the 2 months that you never paid. It really is as simple as that. The controlling statute is N.J. Stat. Ann §§ 46:8-10.

The LL is entitled to use your security deposit (if any) to pay for damages and returning your rental unit back to it's previous condition before you moved in. Whatever is left over (if any) will likely be used to offset the 60 days unpaid rent due to them.

If you fail to pay the remaining balance, the LL can take you to court and sue you for the remainder.

Originally Posted by sandyclaus Since you never provided proper written notice, you owe for the 2 months that you never paid. It really is as simple as that. The controlling statute is N.J. Stat. Ann §§ 46:8-10. The LL is entitled to use your security deposit (if any) to pay for damages and returning your rental unit back to it's previous condition before you moved in. Whatever is left over (if any) will likely be used to offset the 60 days unpaid rent due to them. If you fail to pay the remaining balance, the LL can take you to court and sue you for the remainder.

Security Deposits are not to be used to offset any actual rental monies owed. There has always been confusion on this topic and it bears reminding the Security Deposit monies are entirely separate from monthly rent charges.

For one thing, Security Deposit is refundable and monthly rent is not. For another, Security Deposit is used as an insurance policy of sorts in the event the tenant damages the landlord's legal real property and does not pay for such damage voluntarily.

The courts will agree that landlords are not entitled to keep and use monies from Security Deposits to cover late monthly rent charges.

The rest of the above post is on point and legally accurate.

Originally Posted by photo guy I recently move out of an apt and into another. two months before I moved I called the landlord and left a message that I would be moving out. He called me back and left me a voice mail confirming that he got my message and that if I needed anything to let him know. We did not communicate after that and I stupidly never submitted a written 30days notice. Two months after moving out he calls me and says he never knew I moved and I now owe the two months rent that I was not living there. What do I legally owe ?

Since you did not provide the landlord written notice, you are on the hook for the two months.

Legally, you owe the two month's rent. The landlord cannot use your S.D. to offset the late monthly rent.