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Spear and Co. v. Empire Lace, 88 N.J.L. 153
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.