Apartment Lease Question in New Jersey?
Apartment lease ended in Sept 2017 according to terms, landlord says it renews automatically asking a year a later. I've paid every month since, am I legally obligated for a new 12 month term? Or can I assume I am month to month? There is nothing in writing besides original lease ending in Sept 2017? Thanks for your help in advance.
- Nuff SedLv 78 months ago
If the "original lease" says something like "renews unless proper notice of termination is given", then that's what you have: a lease that renewed for another year upon expiration of the notice period for termination. If it doesn't specifically say that, then it is implied that a tenant holding over (and the landlord) would only be obligated under a month-to-month interpretation of the original lease, assuming they continued to accept the rent.
- babyboomer1001Lv 78 months ago
Leases always roll over to month to month, on the same terms and conditions, unless you sign a new lease.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- zipperLv 68 months ago
If the lease paper states that renewal is automatic, then the old lease is still in affect automatically as well.
- SlickterpLv 78 months ago
Unless it says in it that it renews for a year, it does not. Read it. If it does not explicitly say that, you are month to month.
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- Casey YLv 78 months ago
A contract cannot auto renew in perpetuity, that' doesn't fly.
You say that's what the landlord says...but what does the lease itself say about renewal?
- sunshine_melLv 78 months ago
If you have nothing in writing, you're month to month
- BortLv 68 months ago
If there is no lease and no verbal agreement (agreement is a key term! you have a say too) that's been agreed to for another full year legally you are on a month-to-month based lease. You are not obligated to stay there for another full 12 months. Leases do not automatically renew unless there is a term in the written lease agreement that says it auto-renews.
A lease is a time period contract agreement. When that time period expires there is no longer an agreement.
Month-to-Month stuff is different than a longer term lease. For example you don't have to give or be given as long as a notice to move out and things like that. Month to month leases are much easier on both parties (landlord and tenant).
A thought to consider here though is that you said the written lease expired in 2017. That was 2 years ago. You've been staying there, still, for 2 more years? Then something must be going right, and you get along with the landlord...I'm guessing.
So it may not be a good thing to make a stink about it as long as they're not being unreasonable or causing you grief, etc.
Don't ruin a good thing, if it's going well.
Both you and the landlord are still protected by landlord / tenant laws even if there is no lease. The month-to-month laws are still there, they're just a bit different.
- SlumlordLv 78 months ago
AS others suggest, read the lease. If it says something like "this lease automatically renews year to year unless terminated in writing by the landlord or tenant..." then it does extend for a year. You can still ask the landlord if you can terminate it with 30 days notice, or whatever, but he doesn't have to do that - but no harm in asking.
- SimplytheFACTSLv 78 months ago
no you can't assume you are month to month. the lease has an automatic renewal provision. if you want to go month to month, you need to speak to the landlord about signing a new month to month lease/addendum.
NJ is very tenant friendly, if you want to go month to month after 2 years, but LL refuses, a court may side with you and modify your lease to be month to month.
NJ requires 1 of about 17 legal reasons to terminate tenancy, it cannot be simply because the lease is expired.
I am guessing the lease does say it is automatic renewal....if it doesn't why are going along with what the LL said?
- PearlLv 78 months ago
i would ask your landlord about it