Can my landlord terminate my lease because my 1 year old son made too much noise?

UPDATED: Sep 6, 2011

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Can my landlord terminate my lease because my 1 year old son made too much noise?

I signed a month-to-month lease. My landlord knew that I had a small child beforehand (he’s also on the lease). Then 2 weeks after moving in she sent me a text message asking me to get the baby to stop jumping. A few weeks later she called and complained again that “my baby” was making too much noise. A week later I got a notice of lease termination. Can I sue for wrongful lease termination?

Asked on September 6, 2011 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you are on a month-to-month lease with your landlord, your landlord can terminate it for any reason as long as it is not discriminatory. In your situation there was an issue about the noise of your child that the landlord did not like resulting in two (2) notices to you about it.

Later you were then served with a notice of termination. What was done was allowed in that your lease is a short term lease. You have no basis for a lawsuit for the termination of your lease from what you have written.

When you move out, you are entitled to get your security deposit back within a relatively short period of time from your landlord. If any debits are made from it the receipts showing what the charges were for must be included.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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