Skip to main content

Am I responsible for attorney fees with month to month lease?

Middletown, NJ |

my landlord filed for eviction I have not signed a lease in 2 years am I still responsible for attorney fees I also have been paying him the money owed to him for the back rent he agrees to dismiss the eviction do I still have to go to court?

+ Read More

Attorney answers 3


I would like to look at your prior lease to confirm, but generally the terms carry through to the month to month lease. As for whether a landlord can evict for unpaid rent when there exists an agreement to pay it back and you are current on the payments, the landlord can not evict. However, you need to go to Court and prove the agreement and that you are current. I suggest you speak with an attorney to discuss your rights and defenses to the eviction. Make sure you go to Court as you don't want a default judgment if possession entered against you. Good luck.

The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box. NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.


Generally speaking the old lease governs the month to month rental, unless the lease says otherwise. The lease must also call the attorney fees collectable as additional rent. I would check with the clerk the day before and see if the LL dismissed the action. If not, I would prepare to appear, if only to sure you are not defaulted. Call 908 391 5399 for a free 1/2 hour consult


As my colleagues indicate, although you are now on a month to month lease, the terms of your prior lease still control.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Landlord-tenant topics

Recommended articles about Landlord-tenant

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer