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

[Sami Gren]

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?

[Shawn Mcenteer]

@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.