Is it considered a month to month tenancy if we did not sign the lease after it expires?

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We send notice to vacate the apartment. We were told that there is a 60 day notice. The lease already expired and we are still paying rent every month. Is it considered a month to month tenancy, we are from New Jersey. Thanks

Attorney Answers

3
Layni S RothbortReal Estate AttorneyMillburn, NJ ·
Yes, all leases convert to month-to-month tenancies if no new lease is entered into, however the terms of the expired lease still apply. So if your old lease required 60-days' notice, then as a month-to-month tenant you must still give the landlord 2 months' notice to terminate.
0 upvotes
Marcel Wurms ·
Agree. Two other things though... If your old lease was silent on how much notice you need to have given, then you are only required to give 30 days notice on a month to month. Also, you stated you "did not sign the lease after it expires". If the landlord offered you a new lease, and you didn't sign it, the landlord could try and treat you as a holdover tenant, which could subject you to double rent.
0 upvotes
Peter Weinman ·
Attorneys Rothbort and Wurms are both correct but you only say you "were told" there's a 60 day notice. Check the underlying (expired) lease to be sure the landlord is not lying or mistaken.
0 upvotes

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