Conversion to a Month-To-Month Lease
My question involves landlord-tenant law in the State of: NJ
I have lived in an apartment complex in NJ for 7 years. My yearly lease renews 1st of the year. Landlord has notified me that the lease will not be renewed, and that lease will go to month-to month at the new year. Actual text:
This letter is to advise you that your lease for apartment [X] which expires 12/31/2016,
will NOT be renewed. You must vacate your apartment by 12/31/2016.
The balance of your rent is due until the above expiration date, as originally contracted.
In the event you choose to remain in the premises and disregard this notice of
management non-renewal your rent will increase. Subsequent to 1/01/2017 your rent
will be $[X]. Your lease term will be month-to-month.
My understanding is that landlords in NJ cannot order their tenants to vacate, short of eviction, which probably explains the wording here.
Is my understanding correct that the current terms of my lease will remain in effect, except that the landlord may change the lease terms (notably, rent) with 30 days notice, and conversely, I can vacate without penalty with 30 days notice?
My relationship with the management here has not been good. Is there a way they are setting me up "screw" me?
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Quoting
trevor463
My relationship with the management here has not been good. Is there a way they are setting me up "screw" me?
Relevant lease terms. Note section (e) as a possible problem. Thanks.
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Quoting 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 ofthe original Term or of any renewal term, as set forth in 20(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.
(d) If tenant vacates before the end of the Term, Tenant is responsible for all costs and losses caused by the early vacation of the premises. These losses will include loss of rent for the balance of the Lease term.
(e) If this Lease is ended and Tenant does not vacate on the ending date, Tenant must pay double the last monthly rental charge. This rental charge is due for each month that the tenant remains in possession of the Leased Unit, as a holdover tenant.
Re: Conversion to Month-To-Month Lease
What I see (as a total layman) is that you have been given 60 days notice to vacate, as is required in your lease. If you leave before Jan 1st, there are no penalties.
If you want to stay, it seems perhaps more complicated.
Do you want to stay?
Re: Conversion to Month-To-Month Lease
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trevor463
My relationship with the management here has not been good. Is there a way they are setting me up "screw" me?
No, but you seem to want to screw yourself.
You've been given a choice.
Either move out by 12/31 or accept the conversion to month-to-month at the higher rent.
You're right. You can't be evicted just because your lease ends.
But on 1/1/17 if you don't pay the new rent amount, you CAN be evicted for non-payment of rent.
Re: Conversion to Month-To-Month Lease
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Catmad
What I see (as a total layman) is that you have been given 60 days notice to vacate, as is required in your lease. If you leave before Jan 1st, there are no penalties.
If you want to stay, it seems perhaps more complicated.
IF I was leaving by Jan. 1, there would be no issue,
NJ is different. See, for example, this law firm's page.
As I read the law, the landlord cannot order me to vacate, at least not without cause. In fact, as I read up, I question as to whether the landlord can refuse to renew the lease (although they can change its terms).
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Quoting
Catmad
Do you want to stay?
Possibly. I am looking to change jobs, and if I land one close to the apartment soon, I will seek to stay, at least for a bit longer.
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adjusterjack
No, but you seem to want to screw yourself.
You're right. You can't be evicted just because your lease ends.
But on 1/1/17 if you don't pay the new rent amount, you CAN be evicted for non-payment of rent.
(???) Where in my post do I indicate an intention not to pay the increased rent if I stay beyond 12/31/16?
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adjusterjack
You've been given a choice.
Either move out by 12/31 or accept the conversion to month-to-month at the higher rent.
The question is about the nature of the proposed monthly lease in contrast to the yearly one that I've had up to now, and what my status is beyond Jan. 1. For example, do I continue to be a tenant in good standing, or am I simply a holdover that the landlord cannot evict? How would this jibe with the renewal clauses in my lease that I listed?
Re: Conversion to Month-To-Month Lease
This was the part that gave me pause;
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"(e) If this Lease is ended and Tenant does not vacate on the ending date, Tenant must pay double the last monthly rental charge. This rental charge is due for each month that the tenant remains in possession of the Leased Unit, as a holdover tenant."
I dislike clauses like that, because it doesn't seem very clear.
It seems they would prefer that you leave, but if you stay, it will be on different terms. You do say you are already at odds with them, so I would expect additional issues to arise. You might want to consult an attorney well-versed in NJ law before making any decisions.
I've recently learned that you can tie up a property for a long time as a tenant. Do you consider yourself to be "a tenant in good standing" now? I'm not sure what that means. You haven't mentioned what the issues are with management, so that may contribute.
You say "Is my understanding correct that the current terms of my lease will remain in effect, except that the landlord may change the lease terms (notably, rent) with 30 days notice, and conversely, I can vacate without penalty with 30 days notice?"
That seems to state which that the lease terms may change, not that they remain in effect. You have been given 60 days notice that the lease terms are changing. From yearly to month-to-month, and the rent is going up. But I think your notice period is 60 days, not 30.
Re: Conversion to a Month-To-Month Lease
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trevor463
NJ is different. See, for example, this law firm's page.
Yes, it's different, but that doesn't mean that you cannot be converted to a month-to-month tenant at the end of a lease term, it does not mean that your rent cannot be increased, and it does not mean that your lease terms cannot be altered to some extent upon change from an annual lease to month-to-month status.
You are not being ordered to vacate, as such. You are being told that you need to vacate unless you accept the new terms -- a month-to-month rental agreement with a higher rate of rent.
I don't know why you believe a landlord cannot choose not to renew an annual lease. Your lease explicitly leaves open that possibility.
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Quoting trevor463
I am looking to change jobs, and if I land one close to the apartment soon, I will seek to stay, at least for a bit longer.
Then going month-to-month makes sense for you.
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Quoting trevor463
The question is about the nature of the proposed monthly lease in contrast to the yearly one that I've had up to now, and what my status is beyond Jan. 1.
You are explicitly given the option of remaining in residence as a month-to-month tenant ("Your lease term will be month-to-month"), which means that if you stay in occupation you'll be a month-to-month tenant. I agree that you should clarify with the landlord whether they intend the sixty day notice period to carry over from the former lease into any month-to-month rental agreement.