Legal Question in Civil Litigation in New Jersey

I signed a lease in may2010 that i was told was one year. On the lease it states that it goes from may2010 to dec 2010. The landlord says that this is because once the new year begins the lease starts over and my lease is up this dec2011. He also says that once i payed after the vew year that i agreed to the lease. I asked how this was valid because i didnt sign a lease for jan2011 to dec2011. now i want to move and they are trying to keep my security deposit because they claom that i am breaking the lease. How can i be breaking a lease i didnt sign? Is this legal that a lease agreement is valid if u dont sign it or are they just trying to steal my security deposit. It doesnt seem right because this gives tenants one month out of the year, december at that, to move without them keeping their security deposit.Should i take them to court?

Asked on 5/09/11, 5:11 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

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Unless the lease provides for automatice renewal, it does not renew for a full term at the end of the current term. What is supposed to happen is that the landlord is obligated to present you a new lease. If the landlord does not do that, the lease renews as a month-to-month arrangement that effectively is at the option of the tenant. So, you should be able to move out wiht one month's notice. However, it would be best for you to have the current lease reviewed by a lawyer to be sure that you have not missed something that you should have said.

See also: http://info.corbettlaw.net/lawguru.htm

Answered on 5/09/11, 7:19 pm

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