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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41588
Experience:  Texas Attorney for 30 years dealing in real estate
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I am currently a resident of Hackensack Gardens, owned by

Customer Question

Hi, My name is***** am currently a resident of Hackensack Gardens, owned by the private company Home Properties. My lease is ending 2/13/16. On November 19th 2015, I received a letter from Home Properties notifying me of my lease expiration date and the option to renew or move. In the letter it stated that If I did not sign that the lease would be automatically renewed. The letter also stated that I needed to inform them of any decision as soon as possible. I did not receive a copy of the new lease until Mid December. Yesterday evening, January 21st, I received another letter from the company stating that If I did not sign my lease by January 25th the company will proceed to take legal Action. I called the Regional Office and spoke to Jeanne Bermudez about my concern of threat of legal action since I'm not in violation of any contract. I was brushed off and told that If I needed more time it would be extended to me. I was also told that the first notice should not have stated that my lease would be automatically renewed because they need my signature. I asked what legal action were they considering taking since I believed they were threatening eviction, she told me they would typically send a notice to Cease. Again, I am not in violation of any rental contract, I feel as if my tenant rights are being violated and want to know what legal recourse can I take to protect myself?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you.

You are a month to month tenant.The landlord can give you a 30 day notice to leave and then evict you.You aren't in violation of anything , their letter is factually incorrect.

You would at a minimum get 30 days notice of termination here and the right to leave.The thing you have to watch out for is you are obligated to give them 30 days notice here too as a month to month tenant.As long as you do that you would be fine here.

They cannot force you into a lease.They can give you the 30 days, they can raise the rent too since you do not have a lease.But they cannot evict you with less than this proper notice.They are harassing you here, that should cease.You have the right to stay here as a month to month tenant until they notice you otherwise.

Again you are not in violation of anything here, all they can do is give you 30 days notice if they want you to leave.That has to be in writing and delivered to you here.Until that happens you can stay as you are.

I am so sorry they are hassling you this way.You may decide to let thing ride as they are here for awhile, legally you are not in violation of month to month tenancy, and they cannot threaten you otherwise.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

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