Legal Question in Real Estate Law in New Jersey
Can my landlord sign me up on a lease I did not agree to?
2 years ago we moved in to our apartment. We had to sign a year lease. the second year we had a choice of a year lease or a month to month. we chose month to month. We are still in that lease and we are moving to Connecticut for new employment, so we were declined a month to month. so now she says we are breaking a year lease that she automatically signed us up for and now we have to stay for a year, which we are not doing or pay her 10,000 which we are not doing.
what options do we have?
Can she do this?
We did not sign any lease for a year. There is nothing in our original lease that says she can automatically sign us up for a year.
Please help!!!!
2 Answers from Attorneys
Re: Can my landlord sign me up on a lease I did not agree to?
WHILE I AGREE WITH JOHN, I GIVE YOU MORE CAUTION. TO END A MONTH-TO-MONTH LEASE, WHICH IS WHAT APPEARS TO BE YOUR SITUATION, YOU MUST GIVE 30-DAYS WRITTEN NOTICE OF YOUR INTENTION TO TERMINATE. THIS RUNS FROM THE FIRST OF THE MONTH, NOT JUST A FLAT 30 DAYS (I.E., IF YOU ARE TERMINATING EFFECTIVE DECEMBER 31, THE LANDLORD MUST RECEIVE THE NOTICE BEFORE DECEMBER 1). YOU MUST ALSO BE OUT OF THE PLACE BY THE END OF THE MONTH, AS IF YOU HOLD OVER EVEN 1 DAY, A NEW MONTH RUNS. I ALSO SUGGEST YOU TAKE PICTURES OF THE PLACE AFTER YOU HAVE CLEANED OUT YOUR THINGS, TO SHOW IN WHAT CONDITION YOU LEFT IT. ANTICIPATE A CLAIM FROM THE LANDLORD FOR LOST RENT, DAMAGE, ETC., AND THAT THESE ITEMS WERE DEDUCTED FROM YOUR RENT SECURITY. YOU MUST PAY THE LAST MONTH'S RENT; I.E., YOU CANNOT HAVE IT PAID THROUGH YOUR SECURITY. AS JOHN SAID, IF THERE IS A SUIT, YOU MUST DEFEND OR YOU WILL LOSE BY DEFAULT. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. MISSING OR OMITTED FACTS COULD PRODUCE A DIFFERENT RESPONSE.
Re: Can my landlord sign me up on a lease I did not agree to?
The facts that you describe would put you in a month-to-month tenancy. You can pay for the current month and leave. The landlord may sue, and you will have to defend, but without a lease, the landlord will not win.
Do not make the mistake of moving out of state and simply ignoring a suit. If you do that, the landlord may get a default judgment against you that the CT courts are obligated to enforce. I recommend that you establish a relationship with a lawyer who handles property matters in your area before you relocate. That way you will have someone who already is familiar with the facts if you do get sued. Call if I can help.
See also: http://info.corbettlaw.net/lawguru.htm
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