Legal Question in Real Estate Law in New Jersey

Re: 30 day notice for 3 month lease term

You were required to be given a copy of the Lease when you signed it, and all terms speficied therein are to be complied with, both by Landlord and Tenant. If the lease specifies that it will automatically be renewed if you do not give the required notice you will vacate and terminate at the end, you were responsible to give the required notice. Since the lease is for less than 1 year, 30 day notice is the standard requirement to terminate. Thus, you had to notify them prior to January 1 that you were leaving and not renewing. The legal requirement is now unclear since you did not get a copy of the lease (if they acknowledge they did not give you a copy - get this in writing as it could be important if there is litigation). I would argue that by only taking the lease for 3 months, and not giving them notice of an extension, you had already informed them that you were leaving at the end of January, so no further notice was required. They knew from the outset the vacating date (January 31). I would also take the position that you only were required to notify them of any extension, which by not doing terminates the lease on January 31. Be sure you take pictures when you leave, to verify the condition, as they might claim damages to offset any security deposit they are responsible to return. Also, anticipate an argument over the notice requirements, with a possible claim for February rent. I believe this might wind up in court unless you negotiate some deal before January 31. They will claim damages and lack of timely notice. You will claim notice from the inception, no damages (that's why you will need pictures) and that you are entitled to your security deposit less any proven damages.