Legal Question in Real Estate Law in New Jersey
Rent Renewals
My apartment lease expired on 11/30. The renewal rate was increased by $20. As required, I went into the office on 9/27 (60 days prior) to speak to the manager about alternatives to a 1 year extension. He was not in. I was told he would call that day or over the weekend. No one called. I handed in a formal letter on 9/30 explaining that I was laid off and separated from my spouse so I did not want to commit to a one year renewal. When I spoke to the manager, he told me to let them know within the next two-three weeks. I submitted another letter 10/17 rescinding the 9/30 letter and I signed the lease with the $20 increase. They are now trying to increase by $40. I have copies of my letters and the renewal agreement signed and dated on 10/17. What are my rights?
2 Answers from Attorneys
Re: Rent Renewals
The lease they presented was an offer, which you accepted. By putting it in writing, it was an open offer. So you can argue that your indecision did not allow them to change the terms. Also, the manager's representations indicate the offer remained open. Stick to your guns. If this weren't a landlord-tenant issue, it wouldn't be as clear. However, courts in NJ would be reluctant to allow landlords to increase rent in the manner your landlord is attempting. However, I hope you kept a copy of the lease that you signed.
Re: Rent Renewals
With the renewal agreement signed at the $20.00 increase, you should be set. However, if the landlord did not accept the renewal agreement you signed, there could be a question. Did you send the December rent with the $20 increase? If so, was the check cashed by the landlord? If so, that may be considered an acceptance of the lease on the landlord's part and bind the $20 increase.
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