Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
My question involves landlord-tenant law in the State of: New Jersey
I had originally signed a 12 month lease Sept 2013-Aug 2014. A few months in, I realized a was going to be moving next year and sent my landlord a friendly email letting him know I would be moving, although I never technically said that I would not be renewing my lease.
On February 22nd, I ran into my landlord and he said "I know your planning on moving on but it's that time of the year that we offer everyone new leases," and he handed me a letter. I gave it a quick skim but didn't read it thoroughly since it was mostly legal jargon (my landlord is a lawyer) and I wasn't going to renew my lease anyway. He also claims this letter was sent by mail, which I don't remember, but I trust he wouldn't lie about that.
Now today, March 26th, My landlord emailed me saying that my lease has been automatically renewed for next year since I din't respond to the letter in one month. He attached a copy of the letter to the email. A sentence near the bottom of the letter said my lease would be renewed automatically if I didn't respond in writing within 30 days. I reread the lease and there is a section of the lease that says he has the right to issue a new lease offer at any time and if I don't respond within 30 days its automatically accepted.
I realize I've made a mistake here, but it's could of, would of, should of at this point. Just trying to figure out what my best option is from here.
What is my wisest course of action?
Re: Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
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planner15
My question involves landlord-tenant law in the State of: New Jersey
I had originally signed a 12 month lease Sept 2013-Aug 2014. A few months in, I realized a was going to be moving next year and sent my landlord a friendly email letting him know I would be moving, although I never technically said that I would not be renewing my lease.
On February 22nd, I ran into my landlord and he said "I know your planning on moving on but it's that time of the year that we offer everyone new leases," and he handed me a letter. I gave it a quick skim but didn't read it thoroughly since it was mostly legal jargon (my landlord is a lawyer) and I wasn't going to renew my lease anyway. He also claims this letter was sent by mail, which I don't remember, but I trust he wouldn't lie about that.
Now today, March 26th, My landlord emailed me saying that my lease has been automatically renewed for next year since I din't respond to the letter in one month. He attached a copy of the letter to the email. A sentence near the bottom of the letter said my lease would be renewed automatically if I didn't respond in writing within 30 days. I reread the lease and there is a section of the lease that says he has the right to issue a new lease offer at any time and if I don't respond within 30 days its automatically accepted.
I realize I've made a mistake here, but it's could of, would of, should of at this point. Just trying to figure out what my best option is from here.
What is my wisest course of action?
Call your Landlord and explain that you are still planning to move and that you made a mistake by not responding to the letter in time. These are two situations here, the first is that your landlord (or someone that worked for him) didn't pay attention to the fact you said you were moving out, or otherwise forgot and renewed your lease in error. If that is the case then I am sure they will gladly fix it provided they can find new tenants before you move out (which should be easy if the new lease starts in September). The other possibility is that your landlord is trying to trap you in the lease and you fell into that trap (I find this less likely).
Are you in college? Does your school have an office or group that deals with student tenants and their landlords?
Step 1 is to call the landlord, be honest about what happened and ask what you can do. He may say no problem since you are just over the 1 month mark. He may want you to do the leg work of finding a new tenant. If he tells you that you are stuck then it is time to move on to another course of action.
Step 2- Contact your school assuming you are in college or living near a college based on your lease term and the time frame for renewals. They likely have someone who deals with these issues for students. They may be able to prevent the landlord from advertising on campus or receiving other benefits (this was the case at my school). If neither of these solutions work out then we can discuss what other options you may have.
Re: Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
Unless your original lease says that he can do that, the fact he put a "I'll assume you agree if you don't answer" message in his letter means NOTHING. I would send a letter to him reminding of him that you WILL NOT renew the lease. I'd send it now and again about 45 days from the end of the lease term.
Re: Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
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flyingron
Unless your original lease says that he can do that, the fact he put a "I'll assume you agree if you don't answer" message in his letter means NOTHING. I would send a letter to him reminding of him that you WILL NOT renew the lease. I'd send it now and again about 45 days from the end of the lease term.
Yes, he put it into the lease that he can issue a new lease at any time and I have 30 days to reject it or it renews.
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brownj12
Call your Landlord and explain that you are still planning to move and that you made a mistake by not responding to the letter in time. These are two situations here, the first is that your landlord (or someone that worked for him) didn't pay attention to the fact you said you were moving out, or otherwise forgot and renewed your lease in error. If that is the case then I am sure they will gladly fix it provided they can find new tenants before you move out (which should be easy if the new lease starts in September). The other possibility is that your landlord is trying to trap you in the lease and you fell into that trap (I find this less likely).
Are you in college? Does your school have an office or group that deals with student tenants and their landlords?
Step 1 is to call the landlord, be honest about what happened and ask what you can do. He may say no problem since you are just over the 1 month mark. He may want you to do the leg work of finding a new tenant. If he tells you that you are stuck then it is time to move on to another course of action.
Step 2- Contact your school assuming you are in college or living near a college based on your lease term and the time frame for renewals. They likely have someone who deals with these issues for students. They may be able to prevent the landlord from advertising on campus or receiving other benefits (this was the case at my school). If neither of these solutions work out then we can discuss what other options you may have.
I sent him a quick email immediately after he emailed me about the renewal and he responded with the following:
"I have a lot of people that ask me about a lot of different things on any given day and they change their minds day after day, that is why the terms of your lease specifically, and unequivocally, require a response in writing within a specific time frame. The lease states it and so does the notice which were mailed and hand delivered."
Re: Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
I doubt if any court is going to enforce what the landlord is trying to do to you.
But to be on the safe side I suggest you study up on the NJ landlord tenant statute.
Here is a guide to the statutes.
http://www.lsnjlaw.org/Publications/...antsRights.pdf
Where statute numbers are provided make sure you read the actual statute and don't rely on just the guide.
http://law.justia.com/codes/new-jersey/2013/title-46/
Re: Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
Are you in school? Do you mind sharing what school?
What exactly did you say in your email? You will want to at some point soon send him a written notice that you will be abandoning the lease after your original term ends. He needs to mitigate his damages, there is almost no chance that he can't find a tenant between now and when you leave. You want to make it clear that you are leaving, you are willing to assist him in finding a replacement tenant (either by making the house available to be shown to prospective tenants, or by looking for a tenant your self). Make it clear that you are leaving on that date and that you are aware that the landlord has the duty to mitigate his damages, and that you will assist him as necessary. Be polite but firm. The reason I ask for your school/location is that if there is a local tenant advocacy group that can help you they may be able to draft a letter for you or help you draft one. I would be shocked if this were resolved in any manner other than the landlord having to find a replacement tenant, but some land lords (and some lawyers) seem to like to get into a pissing match just for the sake of being in a pissing match.
I also want to mention that if you decide not to give him written warning of your intentions, and instead decide to wait until august and just leave, then there is a good chance you will be on the hook for at least a month or two worth of rent while he tries to replace you.
Re: Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
Hi thanks everyone for your help. I'm going to post the relevant section of the lease below to see if you guys think it will hold up in court... Because It looks like court is where this is headed.
"Renewals, Changes in Lease and Automatic Renewal. The Landlord may offer the Tenant a new lease to take effect at the end of this Lease. The new lease may include reasonable changes. The Tenant will be notified of any proposed new lease before the end of the present Lease. The Tenant must notify the Landlord in writing of the Tenant’s decision to stay or to leave at least thirty (30) days from the date of notification of a proposed new lease. This lease agreement shall automatically renew for a period of one year based upon the new terms set forth in the Landlord’s notice to Tenant in the event the Tenant fails to advise the Landlord in writing, within the time described, of Tenant’s intent to accept or reject the proposed new lease agreement."
Here's another clause that I can't understand in the least but I think it's saying that if I were to break my lease, I would instantly own all the money as a lump sum despite his requirement to mitigate damages… Thats my understanding of it anyway:
"Acceleration clause. Anything herein contained to the contrary notwithstanding, the premises herein mentioned are demised for the whole term with the whole amount or rent herein reserved due and payable at the time of the making of this Lease, and the payment of rent in installments, as above provided for, is for the convenience of the tenant only and in default of any installment payment of rent, then the whole of the rent reserved for the whole of the period then remaining unpaid shall, at the option of the Landlord, at once become due and payable without any notice of demand."
Re: Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
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planner15
Hi thanks everyone for your help. I'm going to post the relevant section of the lease below to see if you guys think it will hold up in court... Because It looks like court is where this is headed.
Did you get the information I sent you in PM about the legal assistance services provided at your school? You need to bring this lease and copies of all the emails between you and the landlord to them. I can't tell you for sure if it will hold up in court, it is certainly shady, but I don't know enough about landlord-tenant law in NJ to advise to any further than I have (others may be more helpful). The legal services people at your school deal with this kind of stuff dozens of times every semester and are sure to know the best way to handle it.
Re: Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
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brownj12
Did you get the information I sent you in PM about the legal assistance services provided at your school? You need to bring this lease and copies of all the emails between you and the landlord to them. I can't tell you for sure if it will hold up in court, it is certainly shady, but I don't know enough about landlord-tenant law in NJ to advise to any further than I have (others may be more helpful). The legal services people at your school deal with this kind of stuff dozens of times every semester and are sure to know the best way to handle it.
Hi, yes, I got the information. Thank you for your help! I have an appointment with legal services on tuesday. Until then though, I am in 5 alarm freakout mode :cower::hopelessness::cower::hopelessness:
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Hi. I've drafted a couple letters. Would anyone who is a lawyer be willing to take a look at them? I'll send it via pm.
Re: Landlord Automatically Renewed My Lease Over 5 Months Prior to Its End
Ok, I sought out a lawyer and gave my notice for May 31st as was suggested by both the lawyer and people online. I even found a replacement tenant. I received this in return:
"...(the landlord) does not accept termination of the lease agreement or surrender of the apartment under the terms set forth in your letter. Furthermore, I disagree with your interpretation of New Jersey law as set forth in your letter. (the landlord) has no obligation to mitigate any damages until there is a breach of the agreement. By acceding to your demands, it would amount to your landlord accepting surrender of the apartment, which your landlord is unwilling to do."
Is he allowed to do this?