Extension, Renewal Lease lapse. No Extension or Renewal

[WarMachine]

My Landlord's management company let my lease lapse without offering me a renewal or extension as stated in the lease "At the expiration of this Lease, the Tenant shall execute an extension or Lease renewal with reasonable changes, if offered by Landlord". Since my lease has lapsed am I not well within my rights to move out without required notice on day of termination of the lease?

 

[army judge]

You've likely become a tenant at will, or what some call a "month to month" tenancy.
I suggest you read the lease, any addendum a to the lease, and then discuss your options with you LL, or the management company.
There's no way anyone here could know, without reading the lease.
That said, don't share your lease information here.
Tomorrow, after refreshing your memory from reading the lease documents, speak with the management company or LL.
if the LL hasn't given you the minimum notice to vacate (usually 30 days), you're probably going to be permitted to stay as a tenant at will.

Good luck.

 

[WarMachine]

I have already moved out as lease termination was on March 27th. New Jersey law does have a stipulation to lease lapsing with does indeed turn it into a month to month but included in the lease was this statement "If the Tenant does not execute a lease extension or renewal at the end of the term, the Tenant shall remove all of the Tenant's property, repair all damage to the premises and return the apartment to the Landlord". I followed the stipulations in the lease as required and now my Landlord has contacted debt collectors with my info who have been harassing me saying that I owed a months rent as a lease breach penalty for no 60-day notice. Also the Landlord hasn't returned my security as an addition to that penalty. I have drafted a letter and now am looking for any advice.

To: ---------

Regarding: -------
Lease Start: March 27th 2013
Lease Termination: March 28, 2014

I have no legal obligation and am well within my right to vacate apartment ---- at the date noted as end of lease which was March 28th 2014; therefore there has been no breach of lease and shall be no claim on part of Landlord for damages for such break of any kind. As stated in the lease "At the expiration of this Lease, the Tenant shall execute an extension or Lease renewal with reasonable changes, if offered by Landlord". If being the keyword in that statement. I have multiple documents which can be used as evidence demonstrating that a lease renewal or extension were never offered to me, therefore leaving me well within my right to vacate.
As stated "If the Tenant does not execute a lease extension or renewal at the end of the term, the Tenant shall remove all of the Tenant's property, repair all damage to the premises and return the apartment to the Landlord". You cannot, with right mind, honestly expect any required notice of move out without a proper demonstration of lease renewal or extension terms before subsequent Tenant 60 day notification deadline of January 27th 2014.
Also as per New Jersey renting laws, security deposits are to be returned in full or with a list of itemized deductions within 30 days of move out. Even if you believe to have a claim to said deposit, you have not provided the appropriate paper work with said deductions which would allow you to keep even a portion of that deposit. Also as per New Jersey security deposit requirements, you have failed to formally notify me, the Tenant, in writing within 30 days of lease start of the interest accrual rate on that deposit and are now liable to pay a 7% interest rate of that deposit yearly until it has been returned and may be liable for up to twice of that original deposit.

New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service

SECURITY DEPOSIT LAW
N.J.S.A. 46:8-19

c. The person investing the security deposit pursuant to subsection a. or b. of this section
shall notify in writing each of the persons making such security deposit or advance, giving the
name and address of the investment company, State or federally chartered bank, savings bank or
savings and loan association in which the deposit or investment of security money is made, the
type of account in which the security deposit is deposited or invested, the current rate of interest
for that account, and the amount of such deposit or investment, in accordance with the following:

(1) within 30 days of the receipt of the security deposit from the tenant;

(2) within 30 days of moving the deposit from one depository institution or fund to another,
except in the case of a merger of institutions or funds, then within 30 days of the date the person
investing the security deposit receives notice of that merger, or from one account to another
account, if the change in the account or institution occurs more than 60 days prior to the annual
interest payment;

(3) within 30 days after the effective date of P.L. 2003, c. 188 (C. 46:8-21.4);

(4) at the time of each annual interest payment; and

(5) within 30 days after the transfer or conveyance of ownership or control of the property
pursuant to section 2 of P.L. 1967, c. 265 (C. 46:8-20)

If the person receiving a security deposit fails to invest or deposit the security money in the
manner required under this section or to provide the notice or pay the interest to the tenant as
required under this subsection, the tenant may give written notice to that person that such
security money plus an amount representing interest at the rate of seven percent per annum

 

[army judge]

Your problem appears to be that you gave notice upon the lease's expiration, or subsequent to it's expiration.
I suspect you should have given notice 30 (maybe 60) days prior to the lease's termination, not upon expiration of your leasehold. Again,the lease likely speaks to how and when notice is to be given, as well as to what happens if notice isn't forthcoming in a timely manner.
If that's true, and he sues you, you're going to owe him money.
Again, read the lease.
I think if you do, you'll better understand that what you're attempting is 30 odd days too late.
However, if the LL disagrees, I suspect it'll be up to a judge to decide.