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Yesterday, my girlfriend and I received our rent renewal agreement that we need to sign and return to the office. It is due by March 31st. However, it states that and I'm paraphrasing -
"Failure to return renewal agreement will result in an automatic lease renewal for another 12 months at the new rental rate."
So is this actually legal? If so then what is the point of signing and returning the lease agreement if we choose to stay? After all - it's an AGREEMENT.
Consult with the lawyer. But here's my 2 cents: If the original lease doesn't have the automatic renewal clause, the tenancy transforms to month-to-month status if no new lease is entered into. However, if the original lease does contain a provision regarding automatic renewal, that provision will control what happens at the end of the original lease.
Anyway, the lease is in front of me and it says this:
Enclosed please find a new renewal agreement with option for lease terms. Please sign and return to the Management Office. Should you have any questions about the new multiple options renewal, please contact the Management office. YOUR LEASE WILL AUTOMATICALLY RENEW FOR 12 MONTHS AT THE RATE INDICATED FOR THE 12 MONTH LEASE TERM IF YOU DO NOT RETURN YOUR SIGNED RENEWAL.
That's the exact wording. How exactly is it an "agreement" if I'm required to sign and return, but if I dont - it will automatically renew at the new rate.
Anyway, the lease is in front of me and it says this:
Enclosed please find a new renewal agreement with option for lease terms. Please sign and return to the Management Office. Should you have any questions about the new multiple options renewal, please contact the Management office. YOUR LEASE WILL AUTOMATICALLY RENEW FOR 12 MONTHS AT THE RATE INDICATED FOR THE 12 MONTH LEASE TERM IF YOU DO NOT RETURN YOUR SIGNED RENEWAL.
That's the exact wording. How exactly is it an "agreement" if I'm required to sign and return, but if I dont - it will automatically renew at the new rate.
So stupid!!
What does your originallease state? The one you signed when you moved into the place.
Why play games? If you intend to stay sign and return, if not give notice of your intention not to renew and move.
It's a pretty standard wording in lease renewals, they need to know if they will have an upcoming vacancy, perhaps they have a waiting list
I'm not sure about this exactly wording but it basically means the responsibility is on you to let them know if you are staying or leaving
Not the other way around (them to chase you down for your answer)
Not a big deal
A couple things. First, in order to increase your rent, they have to send you a "Notice to Quit" terminating your lease effective a certain date (depending upon the circumstances), and a "Notice of Rent Increase".
If they did not send those two notices (they can be attached together, but must have language stating "lease terminated, here's new lease with new rent") then the rent increase is ineffective.
However, if they did send those notices in the correct way, then the rent increase is "automatic" meaning, if you stay, you have effectively agreed to it. A signature isn't necessary. If you feel the rent increase is high, look to your local ordinance to see if there's a rent control ordinance in place. Also, NJ law prohibits "unconscionable" rent increases. What is "unconscionable"? Depends upon a number of factors, but that's for a judge to decide.
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