QUESTION

Does my roommate have a legal right to fight a 30 day notice to leave the apartment ?

Asked on Feb 20th, 2013 on Landlord and Tenant Law - New Jersey
More details to this question:
I currently renting a apartment, so the lease is in my name. The apartment is privately owned by the people I am leasing from. It's a 3 bedroom and so I rented the other rooms out. The other two roommates are not on the lease. One the roommates have been living with me for over a year. When she moved in we signed a roommate agreement that stated that this was a month to month agreement and if either one of us wanted out we would have to give 30 days notice. My question is if I give her 30 days notice does she have any legal rights to fight it and not leave the apartment ?
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1 ANSWER

Landlord and Tenant Law Attorney serving Toms River, NJ at Carluccio, Leone, Dimon, Doyle & Sacks, L.L.C.
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Assuming your roommate agreement is a valid month to month sublease agreement, only the subtenant (and not the sublandlord/tenant) would have the right to terminate the lease on 30 days notice. Should you have any further questions, I suggest that you contact an attorney. Good luck.
Answered on Feb 20th, 2013 at 3:32 PM

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