Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

We are currently a tenant in a NJ apartment building managed…

Customer Question
We are currently a tenant...
We are currently a tenant in a NJ apartment building managed by a local, very unorganized management firm. Our lease ended in August 2017 and we continued with a month-to-month, not additional terms were signed or agreed to, and I do understand that in NJ you are subject to all the terms and conditions of the original written lease other than the duration term.
There is a section of out lease titled:
Renewals and Changes in Lease, it reads:
We are currently a tenant in a NJ apartment building managed by a local, very unorganized management firm. Our lease ended in August 2017 and we continued with a month-to-month, no additional terms were signed or agreed to, and I do understand that in NJ you are subject to all the terms and conditions of the original written lease other than the duration term.
There is a section of out lease titled:
Renewals and Changes in Lease, it reads:
"At the end of the Lease the Landlord may off the tenant a new lease. The new lease may include reasonable changes from the pervious lease such as a reasonable increase in rent. The Landlord will notify the Tenant of any proposed new lease at least ninety (90) days before the end of the present lease. If a new lease is not offered the Tenant may continue to rent the apartment on a month-to-month basis (with the rest of the lease remaining the same), or as otherwise permitted by law. Either way the Tenant must notify the Landlord of the Tenant's decision to stay or to leave at least seventy-five (75) days before the end of the term of the present lease. If the Tenant fails to provide such notice the Tenant will be responsible under the terms of the new lease."
I have a few questions/issues.
1. Our new property manager, is saying that it is their rule that we must give a 60 day notice, I did not see any reference in the lease to a 60 day notice required once the lease goes to month-to-month. We gave a 30 day notice, on March 19, and they are saying we should be responsible until May 19, but that they actually listed and rented our until starting May 1, so we would only be responsible until April 30. If there is not specific mention of a 60 day notice, they cannot just have a rule, it would have to be included in the lease something we both agreed to in writing and signed correct? Do you read anything in this section of the lease that would lead you to believe we have to give a 60 day notice. The previous property manager lady, had told us via email that to go month-to-month there would be no increase in rent, but we needed to give a 60 day notice, we never agreed to that, and I even talked to her in person and she said, in person, that 30 days would be fine, but the new manager is just going by the email that was sent, and we never agreed to that, nor signed anything, nor is that listed in the lease, so does that email have any binding argument for them?
2. If we are unable to work this issue out, they claim we are responsible for the rent now until 4/30, and they have a new renter for 5/1, that does not give them any time to flip the apartment, so even though we gave an original notice until 4/19 if we are having to pay the rent until 4/30 then can we stay in the apartment until then? We cannot be required to pay the rest of the month and also not be able to be there correct? This would not make us a Hold-over tenant would it?
3. They are also claiming that we signed a new lease that was through 8/10/18, (we did not, they are just very unorganized, and I have asked them to produce the document), so they are making it out like they are doing us a favor. I had previous conversations in person with the former Property Manager and she knew our work situation with getting relocated possibly and said she would work with us, but now they are giving us a hard time. They stated in their last email what I took as a threat: “Even our month to month residents are required to provide 60 days notice, there is no circumstance in which 30 days notice is permitted. Additionally, we charge a $250 per month month-to-month fee which you were not assessed because we were showing that your lease was renewed through August of this year. Should you insist that you have a month to month lease, we would have to go back and assess the $250 per month charge from the end of your last lease term which would total $1,750.” There is no mention of this month-to-month fee in the lease nor any document that we ever signed. This seems as a threat to scare me with a larger amount to back off, and just pay the remainder of the month they want us to, but we were trying to do everything according to the lease and communicate that with them. If there is not a fee like that listed in the lease that we both originally signed they cannot assess this correct? And they surely would not be able to go back almost 8 months and charge us for that, or am I incorrect?
Any help and guidance would be greatly appreciated, I am very much a rule follower and we were trying to do this correct, and they ignored my original emailed with the notice and the followup, said they did not receive them, but yet they still listed the unit and said they have it rented already so clearly they got the email and never followed up. I asked about the prorated rent and everything but they never responded. I have to call them multiple times and just today almost 2 weeks later I was able to reach them and find out all this new information.
Submitted: 23 days ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 day by:
3/29/2018
Lawyer: Law Educator, Esq., Attorney replied 21 days ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 123,228
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

  1. If your lease does not say you must give 60 day notice to terminate, then under the law a month to month tenant must give 30 days (one month) notice of termination of the lease unless the lease says otherwise. You need to read the rest of the lease as well, because the section you posted is only one section of the lease and the notice for cancellation could be somewhere else in that lease document. If there is nothing else in the remaining lease clauses, they cannot hold you to give more than 30 day notice.
  2. Yes if they are trying to make you pay for rent until April 30, you are entitled to retain possession until April 30. You are not a hold over tenant if you paid rent to 4/30.
  3. If they cannot produce a lease with your signature showing the lease is until 2018, then they cannot enforce such a clause. They cannot assess you more money as a month to month unless your lease says that they can. They cannot retroactively charge you something they never gave you notice of or was not in the lease initially. You need to reply to them that if they continue to break the law and if they continue to make threats as they are doing, you will be filing a complaint in the local housing office against them for their threats and harassment and will sue them for breach of lease.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 123,228
123,228 Satisfied Customers
Experience: Attorney with over 24 years experience.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I evicted a tenant due to issues with her and her Guinea
I evicted a tenant due to issues with her and her Guinea pigs, later found out by using a black light that she was letting them on the bed (furnished room). She left no forwarding address when she lef… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,394 satisfied customers
I'm moving out my apartment and my ex friend help me move
I'm moving out my apartment and my ex friend help me move out. Well doing that process they had my keys and moved into the apartment. They are not taking my calls and I seen their car in the parking s… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
What rights do I have as a tenant without the lease being
What rights do I have as a tenant without the lease being signed having been in the building since September. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
2 satisfied customers
I need to know if its legal for a landlord to up your rent
Hi i need to know if its legal for a landlord to up your rent without a written notice in indiana… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
2 satisfied customers
Being evicted in miami dade county. I have proof we paid
being evicted in miami dade county. I have proof we paid over the rent for last 6 months and dec got receipt showing paid $900. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
2 satisfied customers
Mt hoa is trying to evict me. They served myself and my
mt hoa is trying to evict me. They served myself and my landlord on different days and I do not know what to do … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
2 satisfied customers
I am leasing a two bedroom condo under a one year lease;
I am leasing a two bedroom condo under a one year lease; completed a one year lease previously in the same condo. My daughter lived with me and moved out and the condo owner said he would not approve … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,327 satisfied customers
I am a tenant and have rented a place for three years my
I am a tenant and have rented a place for three years my lease will be up on May 31 and April I found out that the owner of my condo wants to sell it so they asked to view it. they now are trying to r… read more
Loren
Loren
542 satisfied customers
I am a 66yr old disabled single male, i have a moble home in
i am a 66yr old disabled single male, i have a moble home in a 55 plus park. I can't drive so i depend on friends to give me rides to stores and doctors. the elected board has complained that i have t… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,394 satisfied customers
How are you? My question I moved into my apt 2 years ago
Hi how are you? My question I moved into my apt 2 years ago signed the lease with my broker and a rep from the buildings Mgt who no longer works for the company. I was never provided a copy of the lea… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
804 satisfied customers
I have a residential lease agreement that I downloaded from
I have a residential lease agreement that I downloaded from the Texas Bar Assoc website and have modified it to add some items to it and I want someone to review the document to make sure I have not s… read more
Lori
Lori
Juris Doctor
1,041 satisfied customers
Still trying to find a way out of my lease. Can I break the
Hello, still trying to find a way out of my lease. Can I break the lease if I just married someone who is not able to live in the community per their qualifications?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
We are currently having an issue with our landlord not
We are currently having an issue with our landlord not abiding by the lease agreement we both signed. On numerous occasions, they have gone past the 7 day requirement to make necessary repairs to our … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
Story... My girlfriend and I moved into an apartment on
My girlfriend and I moved into an apartment on December 28, 2017 and moved out March 31, 2018 as to transfer to a bigger apartment. While waiting for the return of the security deposit from the past apt, the Leasing Manager calls and emails me saying there is a balance the from the prior apt. According to the Leasing Manager, it is standard that property charge a cleaning fee, repaints, and has a carpet cleaning regardless of the state of the apt. The property does it every time a resident moves. Additionally, we were charged rent for April 1st & 2nd because we could not turn the keys in until Monday morning (April 2nd) due to no one being in the office (Easter Holiday). As you are reading this, it is of course safe to assume that we would like a legal opinion on the matter. This is especially so as we live in another apt on the property and really prefer not to deal with this again when we have a departure from the new apt. … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
299 satisfied customers
I am on disability, ssdi. i am 61. my mom is close to that
i am on disability, ssdi. i am 61. my mom is close to that time of passing. if she leaves me any money, will it affect my ssdi?. i live in wisconsin.… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I was evicted supposedly in 2015 but the property has been
Hello I was evicted supposedly in 2015 but the property has been sold since i have called the collection agency in order to settle. They refused what should i do … read more
Lori
Lori
Juris Doctor
1,041 satisfied customers
My landlord is doing construction work on the unit above us.
Hi, my landlord is doing construction work on the unit above us. We have not been noticed and the noise is unbelievable. We have a 15 month old child who needs to sleep. But not possible. We are from … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
Second opinion] yes, i'm a rental. i had an agreement
Second opinion] yes, i'm a rental. i had an agreement w/landlord on payments for past due late fees. i'm paying $50 per month plus my rent. i spoke with david the guy that answers phone, we had a verb… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,672 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x