Experienced Landlords,

My husband and I have a tenant who's lease ends June 31st of 2019. I have sent a letter 90 days prior asking if they were going to vacate or renew their lease, they didnt respond. My husband went to the tenants apartment and gave them the new lease, they refuse to sign it. They also said they dont know when they are leaving and if they have to stay past the January 31st date, then they will. If they find something sooner, they'll leave then. They might use the security deposit as rent and lastly they also said they will not let us show the apartment to anyone until they leave.

Maybe they will tell you on March 31 ?

June 31st ?? Did you mean Jan 31st for the end of the lease?

Looks like what you have here is a case of "the tenant thinks they are in charge".

Time to immediately let them know in no uncertain terms that the LANDLORD is in charge. The tenant is not!(Thanks, Aldo).

These people do not care one iota about you, the lease or the rules you set down. They are bullies, to use a term often in the news these days. You either let them get away with it and they smear your face in the mud or you make them regret the day they thought of it. Your choice.

Immediately:

No more verbal communication. It's past that. Send a letter TELLING them you are NOT renewing their lease and they are to be out by noon on Jan 31. TELL THEM you will check for cleanliness and damages AFTER they move and send any refund of security deposit within the time allowed by your state.

TELL THEM per the terms of the lease, security deposit is NOT allowed to be used for last month's rent. If they try it, FILE FOR NON PAYMENT of rent on the first day late and follow through.

TELL THEM if they holdover past Jan 31, they WILL PAY the holdover rent rate (hopefully you have this amount and clause are in your lease. If not, add it today).

TAKE NO CALLS FROM THEM UNDER ANY CIRCUMSTANCES. written communications only. Keep copies of all paperwork, texts, voicemails for court if needed.

If you don't already have them, get a copy of your states landlord/ tenant laws and learn and follow them.

From experience, I can tell you if you let them bully you or if you listen to their stories, you will lose a lot of money (thousands) and have your house trashed.

Gettough and follow through on the very first day.

You're 6 months out, not a big deal. I don't know why people get in such a tizzy over renewing leases at year end. Let them go MTM. Most of the time people stay. If they leave with no notice, whack their deposit. Don't let them use the deposit as last months rent, if they try that, evict them.

I think you created you're own headache here.

Agree, NE.

I would notice them that you are termination the lease

be 100% sure you are following NJ laws

But why terminate the lease though? Leave the situation alone, set up your lease to go MTM at year end and assume they're staying. You already got a year out of them, they are either keepers or tossers at this point.

Renewing with a new lease gives a landlord ZERO control in whether they stay or not. The same rules are in place with an ongoing MTM vs a new year lease.

To put them out because you want them to renew for a year and they won't do the paperwork, is just control freak stuff. It creates a vacancy where one isn't necessary. Even if you get a new 1 year lease, they're going to leave if they want to.

I also believe these tenants are trying to RUN you. You have a contract to follow. Our renewals are clear. Should you decide not to renew another year and go month to month there's a large increase in rent for that privilege.

It's not so much we hate MtoM but our vacancies are regulated as to how many lease expire on certain months. We adjust our leases both new and renewals so we don't have 63 due January 1 or all due May 1.

What is notice requirement for M2M? As I've said many times before, here in NC it is only 7 days before end of current lease period. So a tenant could tell me on the 23rd that they are leaving on the 30th, and I can't ding their SD or anything like that.

I'm guessing you mean 1-31-2019 not 6-31-2019. Please clarify.

Some moving parts are state specific. We don't know the written terms of your lease but if they are NJ typical, you should be given 30 days WRITTEN notice (on a calendar month basis - ex. not June 9 thru July 9). Also you MUST offer to renew a lease in NJ unlike PA and some other states. You don't have to renew a NJ lease if the tenant has habitually violated their lease (late pay, extra people moved-in, etc.) AND you have sent properly worded NOTICE TO CEASE letters.

In short it appears your tenant has assumed control of your business - at least in their eyes - regarding what is proper move-out notice, length of lease, how THEIR security deposit will be applied, etc. They will also educate you on what is considered normal wear and tear. That lesson will be administered to you after they move out.

Send a notice before Dec 31 that you will be raising the rent at the start of the new lease beginning Feb 1. They will either move out Jan 31 or they will pay rent on Feb 1. If they pay the new higher rent you have an implied acceptance of the new lease terms under contract law. If they pay the same rent or no rent you serve a Notice to Quit and start eviction. When they receive the Notice to Quit they will either comply and pay the higher rent or they will be evicted.

As others have offered:

As Tony pointed out It sounds like your rental fall Under NJ Anti eviction statute if the case you Must renew the lease unless you find Just clause under the statute and follow the notice requirement timeline and proper wording

Be careful about some of the advice given, while the poster meant well, some advice violate the NJ Anti eviction act for example jacking the rent at the end of the lease, if the tenant balks on the rent increase the LL bears the burden of Proof in curt to show the rent increase is reasonable or any change in the lease terms the LL bears the burden of Proof to show the change in lease terms is reasonable

I offer tenants a new lease when the original lease expires, and if the tenants doesn't jump on the offer, the rental agreement turns into M2M.

This is court tested and accepted by the judges.

NE I would think almost ever lease has the auto renewal. This is where LL's get lazy though. They let it go so that means no increase (unless an auto 5 or 10% is in that paragraph).