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  1. #1
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    Default Late Notice of a Rent Increase for an Automatic Lease Renewal

    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!

  2. #2
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    Default Re: Landlord Did Not Provide Notice of Rent Increase

    Quote Quoting trevor463
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    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.
    Not sure what you mean by "everything."

    The only thing that counts is paragraph (c).

    This is a simple contract issue. Paragraph (c) says your landlord is stuck with you for the rest of 2016 at last year's terms and last year's rent.

    I suggest you put that in writing to him saying just that. Send it priority mail with tracking so you can confirm delivery. Don't request a signature as people tend to duck certified and registered mail as bad news. These days USPS tracking numbers are all you need for this kind of delivery.

    I wouldn't address his supposed notice to you unless he brings it up in writing to you at some future date. As long as he's just talking about it, you'd be wise not to comment on it one way or the other, lest you say something that can be used against you.

    Just concentrate on Paragraph (c).

    Come back to this thread with your progress. You can revive it at any time for any future discussion.

  3. #3
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    Default Re: Landlord Did Not Provide Notice of Rent Increase

    Quote Quoting trevor463
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    Landlord claims they mailed out a notice back in late Sept. (I very much doubt they sent this).
    Is this a single unit, or an apartment complex? If the latter, is the landlord attempting the same thing with any of your neighbors and, if so, did they receive advance notice? If the landlord failed to provide notice to other tenants, it buttresses your argument that he failed to provide notice to you.

  4. #4
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    Default Re: Landlord Did Not Provide Notice of Rent Increase

    Quote Quoting adjusterjack
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    Not sure what you mean by "everything."
    I meant the lease AND the information I found on the internet, such as this, among many others. I did look around a bit before I posted here.

    Quote Quoting adjusterjack
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    The only thing that counts is paragraph (c).

    This is a simple contract issue. Paragraph (c) says your landlord is stuck with you for the rest of 2016 at last year's terms and last year's rent.
    I have enough wariness about the law to wonder if there is such a thing as a "simple" legal issue.

    I read that lease excerpt the same way as you did. It says what it says. But I would not be shocked at all if someone here knew of a law, legal opinion, case law, common practice, etc. that would "nullify" or render unenforceable what the lease says.

    I should stop here and post another excerpt from my lease, which I believe just reflects state law/code:

    [ ]) Notices
    All notices given under this Lease must be in writing. Each party
    must accept and claim the notices given by the other. Unless otherwise
    required by law, they may be given by (a) personal delivery, or (b)
    certified mail, returned receipt requested. Notice shall be addressed to
    the Landlord at the address written at the beginning of this Lease and to
    the Tenant at the Apartment.
    Quote Quoting adjusterjack
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    I suggest you put that in writing to him saying just that.

    Send it priority mail with tracking so you can confirm delivery. Don't request a signature as people tend to duck certified and registered mail as bad news. These days USPS tracking numbers are all you need for this kind of delivery.
    See lease excerpt ("Notices") above. And it is a good-sized complex, so they have a staffed office who will sign for stuff.

    Quote Quoting adjusterjack
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    I wouldn't address his supposed notice to you unless he brings it up in writing to you at some future date. As long as he's just talking about it, you'd be wise not to comment on it one way or the other, lest you say something that can be used against you.
    Understood that less is best. But their alleged notice is irrelevant, in my opinion... see lease excerpt ("Notices") above.

    Quote Quoting Mr. Knowitall
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    Is this a single unit, or an apartment complex? If the latter, is the landlord attempting the same thing with any of your neighbors and, if so, did they receive advance notice? If the landlord failed to provide notice to other tenants, it buttresses your argument that he failed to provide notice to you.
    It is a complex. If I understand you correctly.... there is not a widespread, or even regular, failure to provide these notices. But nor is this an isolated incident. They are routinely just careless, apathetic and dismissive about this (and their other responibilities), and they have been warned about it in the past. That is exactly why I am holding them to this. If this was a normal, responsible landlord who had a rare screwup or just dropped the ball, it would not be an issue beyond pointing it out and asking them not to repeat it.

    As far as my argument that they failed to provide notice... see lease excerpt ("Notices") above.

    Thanks!

  5. #5
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    Default Re: Landlord Did Not Provide Notice of Rent Increase

    I have enough wariness about the law to wonder if there is such a thing as a "simple" legal issue.

    You're right. And I often say that there's nothing simple about legal matters.

    However, in court, contracts are first interpreted by reading the words on the page. When the words and their meanings are unambiguous [as with your paragraph (c)], a court will generally stop there and enforce the words.

    I would not be shocked at all if someone here knew of a law, legal opinion, case law, common practice, etc. that would "nullify" or render unenforceable what the lease says.

    That's always possible, but unlikely in this case.

    I should stop here and post another excerpt from my lease, which I believe just reflects state law/code:

    All notices given under this Lease must be in writing. Each party
    must accept and claim the notices given by the other. Unless otherwise
    required by law, they may be given by (a) personal delivery, or (b)
    certified mail, returned receipt requested. Notice shall be addressed to
    the Landlord at the address written at the beginning of this Lease and to
    the Tenant at the Apartment.


    "...accept and claim the notices" is an odd choice of words. It goes further than statutes. Statutes require evidence of delivery which could be just the tracking and delivery confirmation that I noted earlier. Your lease requires the recipient to acknowledge receipt which means that you'll need somebody's signature at the other end.

    As would your landlord with regard to the notice that he allegedly sent you. If he cannot produce your signature on a delivery receipt then there was no notice as required by your lease.

    See lease excerpt ("Notices") above. And it is a good-sized complex, so they have a staffed office who will sign for stuff.

    Then certified mail with a signature request would suffice.

    That is exactly why I am holding them to this.
    As far as my argument that they failed to provide notice... see lease excerpt ("Notices") above.


    Agree on both points.

  6. #6
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    Default Re: Landlord Did Not Provide Notice of Rent Increase

    Quote Quoting adjusterjack
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    "...accept and claim the notices" is an odd choice of words. It goes further than statutes. Statutes require evidence of delivery which could be just the tracking and delivery confirmation that I noted earlier. Your lease requires the recipient to acknowledge receipt which means that you'll need somebody's signature at the other end.
    I have a different interpretation -- that the language is to avoid a context in which a tenant thinks that being served with a notice is a game of "tag", and either refuses to touch the papers that the landlord is trying to serve or won't open the door for service. I see nothing that would require a signature in order for personal service to be valid. However, under the language that notice "may be given by (a) personal delivery, or (b) certified mail, returned receipt requested", if the landlord doesn't have a return receipt and the tenant says that the notice never arrived, that provision of the lease would seem to rule out the landlord's argument that notice was properly given.

  7. #7
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    Default Re: Landlord Did Not Provide Notice of Rent Increase

    Quote Quoting Mr. Knowitall
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    I have a different interpretation -- that the language is to avoid a context in which a tenant thinks that being served with a notice is a game of "tag", and either refuses to touch the papers that the landlord is trying to serve or won't open the door for service. I see nothing that would require a signature in order for personal service to be valid.
    I agree.

    However, a signature would be "best evidence."

    In the absence of a signature, I think the landlord would need some other evidence that personal delivery was "accepted" by the recipient and not just the landlord's sayso.

  8. #8
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    Default Re: Landlord Did Not Provide Notice of Rent Increase

    Quote Quoting adjusterjack
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    In the absence of a signature, I think the landlord would need some other evidence that personal delivery was "accepted" by the recipient and not just the landlord's sayso.
    Although the landlord would benefit from a receipt, without one it's simply a swearing contest. The court decides who is more credible. But the issue here isn't whether the landlord claims to have given notice in person. It's that the landlord apparently claims to have given notice that was neither in person nor by certified mail, and thus doesn't satisfy the terms of the landlord's own lease.

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