“NJ Lease Renewal with Rent Increase – Must It Include a Notice to Vacate?”

Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes

Hi all,

My eviction attorney told me something interesting: that if I send a tenant a lease renewal with a rent increase, the renewal must also include a notice to vacate — otherwise it’s not legally valid and is basically worthless.

The reason I’m confused is because the official lease software I use (which is supposed to generate legally compliant leases) does not include any notice to vacate when preparing a rent increase renewal. Also, when I’ve asked around, no one else has heard of this requirement.

Is it really true under NJ landlord-tenant law that a rent increase lease renewal must include a notice to vacate to be enforceable? Or is a standard rent increase renewal without that still valid?

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Shawn McenteerBusiness Member

Realtor · Boonton Township, NJ · Member since 2013 · 2k+ posts · 1k+ votes

@Sami Gren notice to vacate means you are telling the tenants to leave. You must give tenants written notice at lease 30 days prior to lease expiring stating the amount you'll be raising rents. If tenant does not agree to rent increase then you can provide notice to vacate. I can't say I know what the attorney is saying here in this context you are mentioning but I think what the attorney is trying to say is if you send notice of rent increase and notice to vacate together it could potentially save you sometime assuming tenants do not agree to increase.

ex: rent is increases to $xxxx if you do not agree, please vacate property by xxxx date.

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Shawn McenteerBusiness Member
Realtor · Boonton Township, NJ · Member since 2013 · 2k+ posts · 1k+ votes
1y
@Sami Gren notice to vacate means you are telling the tenants to leave. You must give tenants written notice at lease 30 days prior to lease expiring stating the amount you'll be raising rents. If tenant does not agree to rent increase then you can provide notice to vacate. I can't say I know what the attorney is saying here in this context you are mentioning but I think what the attorney is trying to say is if you send notice of rent increase and notice to vacate together it could potentially save you sometime assuming tenants do not agree to increase.
ex: rent is increases to $xxxx if you do not agree, please vacate property by xxxx date.
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Sami Gren
OP
Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes
1y
@Shawn Mcenteer so basically in order to evict for not agreeing to pay the new amount you need to send a notice to vacate?
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Sami Gren
OP
Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes
1y
anyone knows?
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Sami Gren
OP
Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes
1y
following up whether anyone knows if a rent increase in Essex County NJ needs to have a notice to vacate in order to it be legally affective?! Thank you
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Vanessa Regalado
Property Manager · NJ · Member since 2019 · 129 posts · 37 votes
1y
@Sami Gren
Your attorney's advice is not baseless, there is legal reasoning and precedent in NJ that supports the requirement that a rent increase/renewal notice should effectively terminate the old lease (notice to quit) while offering a new lease. That said, not every rent-increase / renewal notice in NJ includes explicit “notice to vacate” language, and many standard lease software templates omit it. That doesn’t automatically mean those templates are invalid, but it may expose you to legal challenge or reduce enforceability. Our leases have the notice to vacate included.
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- Sami Gren
  OP
  Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes
  1y
  Quote from @Vanessa Regalado:
  
  @Sami Gren
  Your attorney's advice is not baseless, there is legal reasoning and precedent in NJ that supports the requirement that a rent increase/renewal notice should effectively terminate the old lease (notice to quit) while offering a new lease. That said, not every rent-increase / renewal notice in NJ includes explicit “notice to vacate” language, and many standard lease software templates omit it. That doesn’t automatically mean those templates are invalid, but it may expose you to legal challenge or reduce enforceability. Our leases have the notice to vacate included.
  
  Thanks so much for sharing, but also i think it needs to be a certain way written, because you cant make the language in a wat that it seems you are trying to kick them out?!
  
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Vanessa Regalado
Property Manager · NJ · Member since 2019 · 129 posts · 37 votes
1y
@Sami Gren We issue all renewal notices using this language and have not encountered any issues to date. The notice clearly communicates that the tenant has two options: to renew under the new terms or to vacate. While we cannot compel a tenant to vacate, we are within our rights to initiate eviction proceedings if the tenant refuses both to sign the lease and to pay the increased rent.
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Marlene Arabia
Attorney · Member since 2021 · 21 posts · 8 votes
1y
Your attorney is correct. Here is a great resource: Microsoft Word - rnt_incrse_bultin.doc. The court and even some townships will provide you with sample notices to ensure you're not missing any required language.
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- Sami Gren
  OP
  Rental Property Investor · NJ · Member since 2019 · 442 posts · 40 votes
  1y
  Quote from @Marlene Arabia:
  
  Your attorney is correct. Here is a great resource: Microsoft Word - rnt_incrse_bultin.doc. The court and even some townships will provide you with sample notices to ensure you're not missing any required language.
  
  Thank you so much, I appreciate it. My attorney mentioned that I should be able to find it on the website, but I wasn’t able to locate it. (It’s interesting, though, that the language begins with “quitting” rather than presenting it as an alternative.)
  
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