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Old 07-11-2014, 09:32 AM
 
1 posts, read 726 times
Reputation: 10

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I recently moved to NJ from Boston, and have some questions about my lease which the landlord doesn't seem to actually know the answer to. I've lived in my current apartment 2 years, with the lease ending this month. I had planned to move into a larger apartment this year after my lease expires. Just before the month of July began, I received a new extension of the lease from the landlord, and it says that I require thirty days notice before I move out, even if I don't sign a new lease. I talked to the landlord and asked if that meant I am stuck with another year long lease, and he said yes. He has always been friendly and approachable, but often contradicts himself over the course of the conversation, so I don't think he actually knows what he is talking about. For example, the lease also says that after a year tenancy goes month to month, which he claims isn't true. Also the new lease, which I have not signed yet, is just a copy of the old lease but with the dates whited out, with nothing written in, which seems highly unprofessional. The apartment is otherwise fine, and wouldn't really mind living here another year, but I don't want to assume I have another year if he finds another tenant or something. Does anyone here know what rights I might have, or a place where I could find legal counsel, preferably free?
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Old 07-11-2014, 10:33 AM
 
Location: GA
2,791 posts, read 10,805,155 times
Reputation: 1181
LSNJLAW - Leases

If you sign a new lease, you are responsible to pay the rent for the term of the lease. If you have a month to month lease, then you must give 30 days notice.
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Old 07-11-2014, 10:58 AM
 
55 posts, read 171,510 times
Reputation: 68
If an auto renew clause isn't mentioned in the doc, you will go month-to-month. In that case you can either negotiate a new lease agreement for a year or provide 30 days notice to vacate.

Landlords typically love these whiteout and revise doc's. I'd ask for a new document if you decide to renew.
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Old 07-11-2014, 11:32 AM
 
225 posts, read 720,760 times
Reputation: 128
It sounds like you are now on a month-to-month lease.
Quote:
the lease also says that after a year tenancy goes month to month
If you do not sign the new lease, you will be on month-to-month. Something similar happened with an apartment I was renting where after the initial year was up, we went month-to-month for quite some time. It's convenient if you plan on moving at a non-year interval, but remember, a year lease does also protect the tenant in certain ways (i.e. he can technically increase your rent any month or change lease terms w one month's notice, if he's likely to be a jerk like that)
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Old 07-11-2014, 11:36 AM
 
Location: Summit
400 posts, read 793,138 times
Reputation: 282
Quote:
Originally Posted by Nutris View Post
I recently moved to NJ from Boston, and have some questions about my lease which the landlord doesn't seem to actually know the answer to. I've lived in my current apartment 2 years, with the lease ending this month. I had planned to move into a larger apartment this year after my lease expires. Just before the month of July began, I received a new extension of the lease from the landlord, and it says that I require thirty days notice before I move out, even if I don't sign a new lease. I talked to the landlord and asked if that meant I am stuck with another year long lease, and he said yes. He has always been friendly and approachable, but often contradicts himself over the course of the conversation, so I don't think he actually knows what he is talking about. For example, the lease also says that after a year tenancy goes month to month, which he claims isn't true. Also the new lease, which I have not signed yet, is just a copy of the old lease but with the dates whited out, with nothing written in, which seems highly unprofessional. The apartment is otherwise fine, and wouldn't really mind living here another year, but I don't want to assume I have another year if he finds another tenant or something. Does anyone here know what rights I might have, or a place where I could find legal counsel, preferably free?
This.

If after the one-year lease is over, you are still living there and both of you have not signed a new lease and he is accepting your rent checks, then you are there month-to-month. That being said, you must give him one month notice to tell him that you are leaving. If you sign the lease, you must give him three months notice that you are leaving and, should they be any penalties/fees/extra rent, is between you and him.
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