Lease Renewal
A landlord must allow the tenant to renew the lease unless the landlord has good cause for an
eviction under the Anti-Eviction Act. (This does not apply to two or three-family owner
occupied dwellings, motels, hotels, transients or seasonal tenants). Yearly and month-to-month
leases will automatically renew for another term unless a valid notice to quit is given by the
landlord or unless the tenant gives notice to the landlord that the tenant will return possession of
the premises to the landlord.
If the tenant or landlord does not renew the lease and the lease was for a term of more than one
month and the tenant holds over (stays after the expiration of the lease), the tenancy will become
a month-to-month tenancy, if the landlord continues to accept the rent and there is no other
agreement between the landlord and the tenant. SDG v. Inventory Control, 178 N.J. Super. 411.
This tenancy is still subject to all the terms and conditions of the written lease other than its
duration term. Heyman v. Bishop
, 15 N.J. Super. 266.
If the landlord does not accept the rent and the lease has expired and the tenant has been given
proper notice to quit, the tenant becomes guilty of unlawful detainer and may have to pay the
landlord double the rent for as long as the tenant holds over. (See Right of Entry Bulletin)
Notice to Terminate the Lease
A month-to-month tenant must give written notice of lease termination at least one full month
prior to moving. Most yearly leases require a 60 to 90 day notice from the tenants in order to
terminate the lease. Tenants who have a written lease agreement must give written notice to
terminate the lease in accordance with their lease agreement.
Breaking the Lease
A tenant may not break the lease because of a job transfer, unemployment or any other reasons,
except:
1. In certain circumstances, a tenant can terminate a lease due to the death of a spouse,
pursuant to N.J.S.A. 46:8-9.1.
2. In certain circumstances, a tenant can break a lease due to disabling illness or
accident, if the tenant has a loss of income, or the dwelling place is not handicapped
accessible, N.J.S.A. 46:8-9.2(a) and (d).
3. A person age 62 or older may break his or her lease if he or she is moving into an
assisted living facility, nursing home, continuing care retirement community or low or
moderate income housing, N.J.S.A. 46:8-9.2(b) and (c).
4. Under the Sailor and Soldiers Civil Relief Act, a person leasing an apartment before
entering the military has the legal right to give a 30-day notice to the landlord and break
the lease with no further monetary responsibility. He is also entitled to the return of his
security deposit.
5. A tenant may break a lease by means of constructive eviction, if the landlord has done
any wrongful act or is guilty of neglect or default, which makes the premises unsafe,
unfit or unsuitable for occupancy. The tenant has to notify the landlord of the deficient
condition and allow the landlord reasonable time to fix the problem before breaking the
lease. In the case of constructive eviction, the tenant is entitled to the return of the
security deposit and is not responsible for the rent for the balance of the lease or the
cost of re-renting the property.
6. If by continuing to live at the rental unit, a tenant, or a tenant’s child faces an imminent
threat of serious physical harm from another named person. The tenant must give a 30
day notice in order to terminate the lease. The rent must be pro-rated up until the date
of the lease termination. (New Jersey Safe Housing Act, N.J.S.A. 46:8-9.4 et seq.)