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My lease expired, the landlord said we didn't need to renew and I continued to pay the same amount per month.
A few months later he raised the rent but did not offer a lease thus it is still month to the month with the new rental price of $85 more a month. All over the internet I read that a month to month honors the previous lease details, BUT what if the rent has been raised AFTER the lease had expired? Does that make all requirements in the lease null and void? In this case it is a 60 day notice. I gave notice on Feb 2nd that I would be out at the en do March and received a response stating I was responsible for April as per the lease, that is I did not give a full 60 days so now I must be responsible for April. Yes? No?
Fri Feb 8 2008, 20:24 - Montclair - Quality of Life - 5 answers
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| Vita Strakhm… was FIRST TO ANSWER Sharon Kozinn received BEST ANSWER | ||
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BEST ANSWER
Once the lease is over, its over. You became a month to month tenant and are not bound an old lease. Month to month means just that. Give the landlord a 30 day written notice when you want to move out. Good luck.
Sat Feb 9 2008, 14:11 Web Reference: http://www.CherylBarcelona.com
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BEST ANSWER
Ed,
You should call the Department of Housing in Essex County and they will be able to provide you with the legal information you need. Good Luck Sharon Kozinn Sat Feb 9 2008, 10:07 Web Reference: http://www.sharonkozinn.com
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BEST ANSWER
Ed,
A lot of communities have a "landlord and tenant's hotline" where you can get an answer to such issues. Beware of real estate brokers who answer such issues as we are not allowed, as Realtors, to "practice law". Fri Feb 8 2008, 22:19 Web Reference: http://www.remax-santafe.com
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BEST ANSWER
A lease that was originally written with a specific start date and termination date is called an Estate For Years. No notice is necessary since there is a specific end date. I understand that now you and the landlord have expressly agreed to a periodic estate whereby there is a periodic tenancy and payment of rent which automatically renews on a monthly basis. In this case, the perod is month-to-month. In the State of NJ, one month's prior written notice (prior to when the rent is due) is required for proper notice for a month-to-month periodic tenancy. I would suggest sending the notice certified, return receipt requested. If you have local rent control then there may be other requirements. Please be aware that if you give notice to quit and retain possession of the property, you can be held responsible for double rent. If you have an further questions, you should contact a Real Estate Attorney or refer to the Truth in Renting booklet available through your local real estate agent or Board of Realtors.
Fri Feb 8 2008, 21:59
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FIRST ANSWER
Ed, once the lease expires, it is the landlord's responsibility to provide a renewal which would be either the same terms as before, or changed to a different ones; in either case, the renewed lease should be signed by him and you with a copy provided to you. Since there was no written agreement, you are not responsible for either the rent increase, or extra month payment. Good luck!
Fri Feb 8 2008, 20:57 Web Reference: http://www.vitastrakhman.com
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