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tcbafd t1_jaieo34 wrote

And the landlord then refuses to accept it and off to court you go...

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shootthemoon88 t1_jaig7u4 wrote

From Jersey City tenants rights explanation:

"Many written leases will have a section explaining how you can get a new lease when your current lease ends. The lease may, for instance, state that unless the lease is ended by either the landlord or the tenant, it will automatically be renewed for an- other year. But a yearly lease that is not renewed automatically becomes a month-to-month lease when the year in the lease ends. Cite: N.J.S.A. 46:8-10. A month-to-month lease will renew itself automatically for another month unless the tenant or the landlord acts to end the lease. This rule applies even if the lease agreement is oral and not in writing. Cite: N.J.S.A. 46:8-10.

When your lease ends, the landlord can offer you a new lease with changes in the terms and conditions of the lease. To do this, the landlord must give you a written notice ending your existing lease and offering to enter into a new lease with you if you accept the changes. The landlord’s notice must clearly spell out the changes. A tenant’s refusal at the end of a lease to accept rea- sonable changes in the terms and conditions of the lease can result in eviction under the Anti-Eviction Act. To be “reasonable,” the changes must take into account the circumstances and interests of both the landlord and the tenant. This means that your land- lord cannot make lease changes that he or she knows will cause you unnecessary hardship, unless he or she has very strong reasons for doing so. If your landlord sends you a written notice containing lease changes that you think are unreasonable, send a letter to the landlord describing the unreasonable lease changes. Your letter should also say that you will not accept the new lease unless the landlord offers to make changes that are reasonable. Cite: 447 Associates v. Miranda, 115 N.J. 522 (1989)"

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