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We had a lease for 3 years which expired the end of December…

Customer Question
Hi. We had a...

Hi. We had a lease for 3 years which expired the end of December 2017. Our landlord did not re-issue a new lease as we are going month to month. We now will be leaving the apartment as of May 1st, 2018. We gave a 40 day notice effective today. In speaking with the landlord, he indicated that he has a 60 day notice requirement (from the lease that expired) and says he may have to charge us for the 20 day difference, which will be taken out of our security deposit. Can he still do does considering our lease has been expired since December 2017, and we have been paying him rent month to month?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New Jersey Hoboken, New Jersey 07030

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Our lease expired end of December 2017

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
3/20/2018
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,376
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago

Good evening. What does the lease say about this? Does the lease say that when it expires, if the tenant goes month to month, the same terms and conditions would be applied?

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Customer reply replied 4 months ago
HI. Thank you for getting back to me. Unfortunately, after reviewing the lease it does state, the lease will automatically renew if going month-to-month.
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago

You are welcome and that is why I was asking. As such, the notice that the state would be required, if it applies once you go to a month to month tenancy.

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Real Estate Lawyer: RealEstateAnswer, Lawyer replied 4 months ago

I know it is not ideal but that is why they can demand the 60-day notice opposed to the typical 30 days / one month.

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