South Jersey Laws
Holdover Tenants
N.J.S. 2A: 42-6: Willful holding over by tenant after expiration of term;
N.J.S. 2A: 42-5: Holding over by tenant after giving notice of quitting


Failure to leave premises after lease expires
After a lease expires and the landlord gives written notice to the tenant to leave, the tenant must leave the property.

  • If the tenant does not leave, the landlord can charge the tenant double the rental value of the property for the time that the tenant refuses to leave the property.
  • A landlord can sue the tenant to collect this money.


Failure to leave premises after terminating lease
After a tenant gives notice that the tenant will be leaving the premises, the tenant must leave the property.

  • If the tenant does not leave, the landlord can charge the tenant double the monthly rent for every month that the tenant remains on the property.
  • A landlord can sue the tenant to collect this money.
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