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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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