I am landlord of a 2 family house in Gutenberg that is owned under an llc. One of my tenants that moved in has been very difficult. I have no interest in renewing their 1 year lease. 32 days before the end of the lease, received a letter from the tenant stating that we didn't provide a 45 day notice, they are entitled to stay and was interested in renewing for another year. I immediately (31 days before lease end) wrote an email and delivered a notice to them in hand, to state we had no intention of renewing, and will not entertain a month to month.
They recently came back with letter confirming they received my "notice to quit", and that NJ stipulates a 90 day notice to be provided by the landlord so they can find a new apt. Is that the case? There is no auto renewal language in the lease, and to be it was very clears as to the end of the term. Please advise what the proper protocol in this situatiion and what my recourse would be? Thanks!
If the lease is for one year, the notice must explain that the lease will terminate on the date the lease ends, and you must provide this notice at least one month before that date. The notice can be for a longer period, such as 90 days before the lease is to end if the lease requires it. Where is the tenant getting the 90 days from? Is it in the lease?
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The tenant is protected by the anti eviction act and you have absolutely no right to terminate the tenancy based upon the lease expiration date. Don't listen to anyone else. They will be wrong.
In New Jersey, under certain circumstances, landlords are required to offer residential tenants the option to renew their leases. Your property may fall under those requirements. If the tenant is intolerable, it might be best to consult with a landlord/tenant attorney in New Jersey who can speak to your specific circumstances to discuss your rights and obligations.
You have not provided the most important piece of information to allow us to properly respond to your question: do you live in the house? Because if this is an owner-occupied 2-family house, then your tenants are NOT protected by the Anti-Eviction Law and you are entitled to terminate the tenancy at the end of the lease. Unless the lease says otherwise, you only need to give notice of your intention to not renew ONE MONTH before expiration of the lease.
If you do not live in the house, then the Anti-Eviction Law does apply and you can only terminate the tenancy for one of the 18 statutory "causes" for eviction. Unless there is such cause for termination, the tenant is entitled either to a new yearly lease or to stay indefinitely pursuant to the automatic conversion to a month-to-month tenancy that takes place upon expiration of a lease.
You are receiving good advice from other counsel. Without reading the lease and having some additional facts, however, your question only raises some additional questions. I suggest you read the the NJ Statute to obtain a better understanding of the law. You can go here: http://www.nj.gov/dca/divisions/codes/publications/pdf_lti/grnds_for_evicti_bulltin.pdf
I also suggest you speak with an experienced attorney in your area before you take any further action.
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