Legal Question in Real Estate Law in New Jersey

Re: No lease

The terms of your written lease will generally carry forward into any new term. Refer to the notice requirement there for initial guidance.

Re: No lease

The question of amount of time for proper notice depends upon whether or not the original lease actually terminated or has continued notwithstanding that its original term has expired. This depends upon the language of the original lease. Many leases contain language stating that, if the tenant has not given notice that the lease will be terminated at its end date within a certain period prior to its original termination date, it will continue for some time period (usually bening considered as a renewal for a year, or possibly a similar term to the original lease). If your lease has language similar to this, the lease will be considered renewed without the necessity of a new or replacement lease. In this instance the claim of your landlord may be legitimate. If the lease has alternative language (as some do) that upon the termination of the original term it will continue "month to month", then your only requirement is to give 30 days notice as you state you did. In this latter instance, he could only hold you to the 30 day period and not collect an additonal month's rent. You should check the language of the original lease to see what it provides.

Walter