Legal Question in Business Law in New Jersey

I rent a shop within a little shopping village. The shopping village is now bank owned. My lease expired in 2010 along with the other shop owners. The village is in terrible need of repair and I would like to leave. How much notice am I required to give, if any notice, that I would like to leave if I don't have a lease?

Asked on 8/04/12, 7:35 pm

3 Answers from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

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First, even though your lease expired, you need to look at the lease. It may have an automatic renewal provision. Also, there may be a specific number of months required for notice to vacate. Typically, you must give one month's notice. So if you give notice any time prior to August 31, your occupancy could terminate September 30. But, that is only if there are no provisions in the lease and any amendments.

The best approach is to hire a business attorney to review the lease and prepare a notice for the landlord.

I hope this helps!

Ron Cappuccio

www.businessesq.com

856 665-2121

Answered on 8/05/12, 7:15 am

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Walter LeVine Walter D. LeVine, Esq.

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I agree with Ron - usually leases have an automatic renewal clause, so this needs to be checked. If the lease expired, traditionally renewals are month-to-month, so a full 30 days notice needs to be given. Then you can terminate and vacate as of the last day of the month following the 30 days. For example, if your notice was received on the 3rd, your termination date is the 30th or 31st of the following month.

Answered on 8/05/12, 9:45 am

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