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

Attorney answers (3)

1. Licensed in NJ

   

   Robert L Gutman

   Toms River Landlord / Tenant Lawyer

   Contributor Level 11

   4

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   Answered February 10, 2013 11:37. 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.

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2. Licensed in NJ

   

   Matthew R Schutz

   Flemington Landlord / Tenant Lawyer

   Contributor Level 16

   4

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   Answered February 10, 2013 17:43. 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

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3. Licensed in NJ

   

   Michael T MillarPro

   Toms River Landlord / Tenant Lawyer

   Contributor Level 18

   

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   Answered February 11, 2013 12:18. As my colleagues indicate, although you are now on a month to month lease, the terms of your prior lease still control.

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