My question involves landlord-tenant law in the State of: NJ
I have a yearly lease with a landlord. Lease renewal date is Jan. 1. Per terms of lease, if landlord wants to increase the rent or change terms of lease, they must provide 90 days written notice prior to the lease end/renewal.
I did not receive a notice of rent increase/change in terms for the 2016 lease year. I paid the existing (2015) rent for the month of Jan. 2016. Toward the end of January, I received a "small balance past due" notice, and contacted the landlord. Landlord told me that they had intended to raise the rent AND make an important change in lease terms effective Jan. 1,. Landlord claims they mailed out a notice back in late Sept. (I very much doubt they sent this).
The landlord notified me on Feb. 1 that they were "willing to delay the increase to take affect on May 1st". This seems to imply that despite a complete lack of notice, the landlord's new lease terms took effect on Jan. 1. My understanding is that without notice, the 2015 lease terms remanied in effect for 2016 (i.e., the 2015 lease automatically renewed). And with this landlord, I have no problem holding them to that. Am I correct?
Alternatively... can the landlord provide notice and raise the rent or change the lease terms during the lease period (in my case, during the calendar year)? Everything I've seen appears to say that they cannot.
Relevant Lease Terms:
[ ]) End Of Lease Or Renewal
(a) Either party may end this Lease at the end of the original
term by written notice. Landlord or Tenant must receive this notice at
60 days before the end of the Term.
(b) Landlord may increase the rent or change any other term of
the Lease for any renewal period by sending written notice to Tenant.
Landlord must send this notice 90 days before the end of the Term or of
any renewal term.
(c) If neither party ends the Lease at the end of the original
Term or of any renewal term, as set forth in [ ](a) or (b), this lease will
automatically renew for one (1) year. The Lease will renew on the terms
set forth in Landlord's renewal notice if Tenant does not send notice
ending the Lease.
Thanks!
I have a yearly lease with a landlord. Lease renewal date is Jan. 1. Per terms of lease, if landlord wants to increase the rent or change terms of lease, they must provide 90 days written notice prior to the lease end/renewal.
I did not receive a notice of rent increase/change in terms for the 2016 lease year. I paid the existing (2015) rent for the month of Jan. 2016. Toward the end of January, I received a "small balance past due" notice, and contacted the landlord. Landlord told me that they had intended to raise the rent AND make an important change in lease terms effective Jan. 1,. Landlord claims they mailed out a notice back in late Sept. (I very much doubt they sent this).
The landlord notified me on Feb. 1 that they were "willing to delay the increase to take affect on May 1st". This seems to imply that despite a complete lack of notice, the landlord's new lease terms took effect on Jan. 1. My understanding is that without notice, the 2015 lease terms remanied in effect for 2016 (i.e., the 2015 lease automatically renewed). And with this landlord, I have no problem holding them to that. Am I correct?
Alternatively... can the landlord provide notice and raise the rent or change the lease terms during the lease period (in my case, during the calendar year)? Everything I've seen appears to say that they cannot.
Relevant Lease Terms:
Quote:
[ ]) End Of Lease Or Renewal
(a) Either party may end this Lease at the end of the original
term by written notice. Landlord or Tenant must receive this notice at
60 days before the end of the Term.
(b) Landlord may increase the rent or change any other term of
the Lease for any renewal period by sending written notice to Tenant.
Landlord must send this notice 90 days before the end of the Term or of
any renewal term.
(c) If neither party ends the Lease at the end of the original
Term or of any renewal term, as set forth in [ ](a) or (b), this lease will
automatically renew for one (1) year. The Lease will renew on the terms
set forth in Landlord's renewal notice if Tenant does not send notice
ending the Lease.
Thanks!
Extending a Lease Landlord Did
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